sec.61TGLapsing of caveat

### sec.61TG Lapsing of caveat This section does not apply to a caveat if— it is lodged by the registered plantation licensee; or the consent of the registered plantation licensee is deposited when the caveat is lodged; or an office copy of a court order mentioned in section 61TC (1) (b) or (c) is deposited when the caveat is lodged; or it is prepared and registered by the registrar of titles under section 61TL (1) . A caveatee of a caveat to which this section applies may serve on the caveator a notice requiring the caveator to start a proceeding in a court of competent jurisdiction to establish the interest claimed under the caveat. The caveatee must notify the registrar of titles within 14 days of service of the notice on the caveator. If a caveator does not want a caveat to which this section applies to lapse, the caveator must— start a proceeding in a court of competent jurisdiction to establish the interest claimed under the caveat— if a notice under subsection (2) is served on the caveator—within 14 days after the notice is served on the caveator; or if a notice under subsection (2) is not served on the caveator—within 3 months after the lodgement of the caveat; and notify the registrar of titles within the 14 days or the 3 months that a proceeding has been started and identify the proceeding. If the caveator does not comply with subsection (4) , the caveat lapses. The caveator is taken to have complied with subsection (4) (a) if a proceeding has been started in a court of competent jurisdiction to establish the interest claimed under the caveat before the caveat was lodged. The registrar of titles may remove a caveat that has lapsed from the register. s 61TG ins 2010 No. 12 s 45 amd 2021 No. 12 s 148 sch 3 (sec.61TG-ssec.1) This section does not apply to a caveat if— it is lodged by the registered plantation licensee; or the consent of the registered plantation licensee is deposited when the caveat is lodged; or an office copy of a court order mentioned in section 61TC (1) (b) or (c) is deposited when the caveat is lodged; or it is prepared and registered by the registrar of titles under section 61TL (1) . (sec.61TG-ssec.2) A caveatee of a caveat to which this section applies may serve on the caveator a notice requiring the caveator to start a proceeding in a court of competent jurisdiction to establish the interest claimed under the caveat. (sec.61TG-ssec.3) The caveatee must notify the registrar of titles within 14 days of service of the notice on the caveator. (sec.61TG-ssec.4) If a caveator does not want a caveat to which this section applies to lapse, the caveator must— start a proceeding in a court of competent jurisdiction to establish the interest claimed under the caveat— if a notice under subsection (2) is served on the caveator—within 14 days after the notice is served on the caveator; or if a notice under subsection (2) is not served on the caveator—within 3 months after the lodgement of the caveat; and notify the registrar of titles within the 14 days or the 3 months that a proceeding has been started and identify the proceeding. (sec.61TG-ssec.5) If the caveator does not comply with subsection (4) , the caveat lapses. (sec.61TG-ssec.6) The caveator is taken to have complied with subsection (4) (a) if a proceeding has been started in a court of competent jurisdiction to establish the interest claimed under the caveat before the caveat was lodged. (sec.61TG-ssec.7) The registrar of titles may remove a caveat that has lapsed from the register. - (a) it is lodged by the registered plantation licensee; or - (b) the consent of the registered plantation licensee is deposited when the caveat is lodged; or - (c) an office copy of a court order mentioned in section 61TC (1) (b) or (c) is deposited when the caveat is lodged; or - (d) it is prepared and registered by the registrar of titles under section 61TL (1) . - (a) start a proceeding in a court of competent jurisdiction to establish the interest claimed under the caveat— (i) if a notice under subsection (2) is served on the caveator—within 14 days after the notice is served on the caveator; or (ii) if a notice under subsection (2) is not served on the caveator—within 3 months after the lodgement of the caveat; and - (i) if a notice under subsection (2) is served on the caveator—within 14 days after the notice is served on the caveator; or - (ii) if a notice under subsection (2) is not served on the caveator—within 3 months after the lodgement of the caveat; and - (b) notify the registrar of titles within the 14 days or the 3 months that a proceeding has been started and identify the proceeding. - (i) if a notice under subsection (2) is served on the caveator—within 14 days after the notice is served on the caveator; or - (ii) if a notice under subsection (2) is not served on the caveator—within 3 months after the lodgement of the caveat; and