*Article updated July 2022*

Caveat removal applications are frequently brought in the commercial lists of the Supreme and County Courts. The legal tests for their removal are settled and relatively certain, though focussing on the core issue and finessing the details require careful attention.

These applications are often brought on quickly due to an imminent property settlement, so it is important to engage counsel with a solid understanding of the law and processes to prepare an application compliant with the rules, draw a summons, oversee the preparation of a supporting affidavit, draw submissions, run it in court, and deal with any costs application.

The full article (1700 words) covers:

Relevant statutory rules
How caveats are quasi-injunctions to preserve the status quo
The interlocutory nature of caveat removal applications
Addressing ‘serious question to be tried’ and ‘balance of convenience’
What are caveatable interests?
Whether a contractual right to lodge a caveat is enough
Costs consequences of caveat removal applications
Relevant case law in Victoria

Click here for Removing Caveats – Part 2 of 2: Checklist for preparing an application