Compensation for logdment of caveat without reasonable cause

Jackson, Sheryl (1995) Compensation for logdment of caveat without reasonable cause. The Australian Property Law Journal, 3(3), pp. 95-112.

Abstract

This article examines s130 of the Land Title Act 1994 (Qld) in detail, and includes an analysis of authorities which have interpreted comparable provisions in other Australian jurisdictions and in New Zealand. Its purpose is to provide a comprehensive guide as to the circumstances in which the court may now be expected to award compensation in respect of the lodgment or continuance of a caveat in Queensland. Finally, the author considers whether the changes which have been embodied in s130 may now be regarded as providing adequate protection for persons who suffer damage as a result of the lodgment or continuance of a caveat which cannot ultimately be sustained.

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ID Code: 72811
Item Type: Journal Article
Refereed: No
Additional URLs:
Keywords: Land Title Act 1994 s 130, lodgment of caveat without reasonable cause, compensation
ISSN: 1038-5959
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Litigation Adjudication and Dispute Resolution (180123)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Property Law (excl. Intellectual Property Law) (180124)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 1995 Butterworths
Deposited On: 15 Jun 2014 23:14
Last Modified: 15 Jun 2014 23:14

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