Recorded Webinar: Need to Lodge a Caveat? Red Flags and Dodging Bullets (Vic)

Responsibility for making a valid claim to a caveat has shifted from the client to the PEXA user as a result of process changes requiring conveyancers to make a certification. This session will provide a guide to the lodging of a caveat and how conveyancers can minimise their risks in doing so, including:

• An overview of the law of caveats – what is a caveat and what does caveat registration do?
• What constitutes a caveatable interest and when should one be lodged?
• What are the consequences of improperly lodging a caveat?
• How PEXA has changed practice: a study of the decision in Guirgis v JEA Developments Pty Ltd [2019] NSWSC 164 and its implications for:
• The role of conveyancers in lodging caveats
• The responsibility of conveyancers when lodging caveats
• Who is liable for compensation for wrongful lodgement of a caveat? Lanciana v Alderucci [2020} VSCA 152
• Tips and guidance for meeting the requirements.
• VOI and CAF requirements for lodging and withdrawing a caveat
• The interaction between caveats and priority notices
• Protecting priority: when to consent or withdraw a caveat to facilitate different dealings