Recorded Webinar: Red Flags and Dodging Bullets in Caveat Lodgement (NSW)

As a result of process changes and a recent decision of the NSW Supreme Court, the responsibility for making a good and valid claim to a caveat has shifted from the client to the PEXA user who certifies and lodges the caveat. This session will provide a deep dive into caveats and what practitioners can do to not only protect their clients but minimise their own risks, including:

• When does a caveatable interest arise? Legislation and relevant cases discussed
• Protecting an interest or a device to extract an advantage? The importance of doing the due diligence before embarking on caveat lodgement: Boensch v Pascoe [2019] HCA 49; Mayrin DM Pty Ltd v Kaiyu Deng [2019] NSWSC 1552
• Why an assessment of the effect of the caveat is important
• Removing a caveat – withdrawal, lapse and court orders
• The new normal – caveat registration by “tick a box”
• How PEXA has changed practice and risk – a study of the decision in Guirgis v JEA Developments Pty Ltd [2019] NSWSC 164 and its implications for PEXA users
• The legal and other consequences of improperly lodging a caveat
• Practical guidance for practitioners to minimise risk in caveat registration.