Legal Caveat Application

LEGAL CAVEAT APPLICATION

This Legal Caveat Application is made on behalf of Applicant Name: of Applicant Address: (hereinafter "Applicant") and Interested Party Name: of Interested Party Address: (hereinafter "Interested Party").

RECITALS

WHEREAS the Applicant asserts that the Applicant has an equitable or legal interest in the land or property described below and seeks to lodge a caveat to protect that interest pending determination of the Applicant's rights;

WHEREAS the Interested Party may have, or claim to have, dealings, transactions or an interest inconsistent with the Applicant's asserted interest, and the Applicant requires that no disposition be registered or granted without notification to the Applicant;

WHEREAS the Applicant seeks to notify the registrar and all persons dealing with the property that the Applicant asserts a protectable interest and requests the lodgement of a caveat to restrain specified dealings until the dispute is resolved.

NOW THEREFORE the Applicant hereby applies for the lodgement of a caveat in accordance with the terms set out in this application.

1. PROPERTY IDENTIFICATION

Title / Lot / Parcel Identifier:

Land Registry or Jurisdiction: Physical Description:

2. DEFINITIONS

In this Application, unless the context otherwise requires, "Caveat" means the entry of a notice against the certificate of title or equivalent record to prevent registration of a dealing inconsistent with the Applicant's asserted interest; "Interest" means any legal or equitable estate, charge, lien, right or other proprietary interest claimed by the Applicant in the Property; "Registrar" means the official with authority to accept or record caveats in the relevant registry.

3. NATURE AND BASIS OF INTEREST

The Applicant asserts the following particulars of the interest claimed and the basis of that interest (state dates, instruments, transactions and legal basis with specificity):

Date on which the Applicant's interest arose: Nature of instrument creating the interest:

4. DOCUMENTS IN SUPPORT

The Applicant attaches or will file the following documents in support of this Application (select applicable and provide particulars):

Contract or agreement creating interest

Deed, transfer or title instrument

Will, grant or probate papers

5. RELIEF SOUGHT

The Applicant applies to the Registrar for the entry of a caveat against the Property described above to prevent:

Registration of any transfer or dealing inconsistent with the Applicant's claimed interest

Granting of probate or letters of administration that would defeat the Applicant's claimed interest

The Applicant further seeks an order that the Registrar notify the Applicant of any application to register a dealing and permit the Applicant a reasonable period to seek relief from a court or other competent authority.

6. UNDERTAKINGS AND ACKNOWLEDGEMENTS

The Applicant understands and undertakes as follows:

(a) The Applicant will promptly commence and diligently pursue any proceedings necessary to establish or vindicate the asserted interest and will not use the caveat for the sole purpose of delay.

(b) If the caveat is lodged and the Applicant's claim is determined against the Applicant, the Applicant will promptly indemnify and hold harmless any person who suffers loss as a result of the lodgement of a caveat made without reasonable cause.

(c) The Applicant certifies that the statements in this Application are true to the best of the Applicant's knowledge and belief and acknowledges that a knowingly false statement in support of a caveat may subject the Applicant to civil and criminal penalties under applicable law.

7. NOTICES AND SERVICE

8. FEES AND PAYMENT

Fee paid with this application: Method of payment:

9. AMENDMENT; COUNTERPARTS; WAIVER

This Application may be amended only by a written instrument signed by the Applicant. No waiver of any provision shall be effective unless in writing and signed by the waiving party. This Application may be executed in counterparts, each of which shall be an original, and all of which together shall constitute one instrument.

10. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Application and any dispute arising out of or relating to it shall be governed by the laws of the jurisdiction in which the Property is located. This Application constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. If any provision of this Application is held invalid or unenforceable, the remainder of the Application shall remain in full force and effect.

11. DECLARATION

The Applicant declares that the information provided in this Application is true and correct to the best of the Applicant's knowledge and belief and that the Applicant has authority to make this application. The Applicant acknowledges that lodging a caveat without reasonable cause may attract civil or criminal consequences.

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