Caveats Against Dealings in Australia & New Zealand
Publication Date :
1 Jan 1995
This work has been written by a practitioner for the benefit of practitioners. The two introductory chapters deal with broad general principles and conceptual issues such as what is a caveat? and what is a caveatable interest? but the bulk of the book is taken up by an encyclopaedic analysis of all of the reported Australian and New Zealand cases touching upon caveats. Essentially this book is intended to function as a road map for practitioners to the reported cases, guiding them to cases involving similar facts, and breaking the issues up in a way that matches the practical problems with which they must deal. Chapters which follow on from the general introductory chapters: list all the recognised categories of situations where there is a caveatable interest list all the recognised categories of situations where there is a caveatable interest describe the procedures available to a registered proprietor or other interested person for freeing the title from the caveat analyse the criteria for a successful action for compensation for wrongful lodgement of a caveat explain the role of caveats in determining equitable prioritiesThere is also a brief chapter dealing with the assessment of stamp duty on caveats.