sec.389FEffect of lodging caveat

### sec.389F Effect of lodging caveat A caveat lodged under this division prevents registration of a document affecting the tenure over which the caveat is lodged from the date and time endorsed by the registrar of titles on the caveat as the caveat’s date and time of lodgement. Subsection (1) has effect for a caveat until the caveat is cancelled, rejected, removed or withdrawn. However, lodgement of a caveat under this subdivision does not prevent registration of the following— a document stated in the caveat as a document to which the caveat does not apply; a document if the caveator consents to its registration; a document executed by a mortgagee whose interest was registered before lodgement of the caveat if— the mortgagee has power under the mortgage to execute the document; and the caveator claims an interest in the lease as security for the payment of money or money’s worth; a document of transfer of mortgage executed by a mortgagee whose interest was registered before lodgement of the caveat; if the caveator is a person who has the benefit of an order mentioned in section 389D (1) (c) —a document for a dealing other than a dealing restrained by the order; A caveat lodged by a person who has the benefit of an order mentioned in section 389D (1) (c) restrains the lessee of a lease issued under this Act from subleasing the lease. The lodgement of the caveat does not prevent registration of a mortgage of the lease. another interest that, if registered, will not affect the interest claimed by the caveator. Also, lodgement of a caveat under section 389L (1) does not prevent registration of the following— a document stated in the caveat as a document to which the caveat does not apply; a document if the registrar of titles consents to its registration. Lodgement of a caveat does not create in the caveator an interest in the tenure affected by the caveat. s 389F ins 2007 No. 19 s 179 amd 2019 No. 7 s 201 ; 2021 No. 12 s 148 sch 3 (sec.389F-ssec.1) A caveat lodged under this division prevents registration of a document affecting the tenure over which the caveat is lodged from the date and time endorsed by the registrar of titles on the caveat as the caveat’s date and time of lodgement. (sec.389F-ssec.2) Subsection (1) has effect for a caveat until the caveat is cancelled, rejected, removed or withdrawn. (sec.389F-ssec.3) However, lodgement of a caveat under this subdivision does not prevent registration of the following— a document stated in the caveat as a document to which the caveat does not apply; a document if the caveator consents to its registration; a document executed by a mortgagee whose interest was registered before lodgement of the caveat if— the mortgagee has power under the mortgage to execute the document; and the caveator claims an interest in the lease as security for the payment of money or money’s worth; a document of transfer of mortgage executed by a mortgagee whose interest was registered before lodgement of the caveat; if the caveator is a person who has the benefit of an order mentioned in section 389D (1) (c) —a document for a dealing other than a dealing restrained by the order; A caveat lodged by a person who has the benefit of an order mentioned in section 389D (1) (c) restrains the lessee of a lease issued under this Act from subleasing the lease. The lodgement of the caveat does not prevent registration of a mortgage of the lease. another interest that, if registered, will not affect the interest claimed by the caveator. (sec.389F-ssec.4) Also, lodgement of a caveat under section 389L (1) does not prevent registration of the following— a document stated in the caveat as a document to which the caveat does not apply; a document if the registrar of titles consents to its registration. (sec.389F-ssec.5) Lodgement of a caveat does not create in the caveator an interest in the tenure affected by the caveat. - (a) a document stated in the caveat as a document to which the caveat does not apply; - (b) a document if the caveator consents to its registration; - (c) a document executed by a mortgagee whose interest was registered before lodgement of the caveat if— (i) the mortgagee has power under the mortgage to execute the document; and (ii) the caveator claims an interest in the lease as security for the payment of money or money’s worth; - (i) the mortgagee has power under the mortgage to execute the document; and - (ii) the caveator claims an interest in the lease as security for the payment of money or money’s worth; - (d) a document of transfer of mortgage executed by a mortgagee whose interest was registered before lodgement of the caveat; - (e) if the caveator is a person who has the benefit of an order mentioned in section 389D (1) (c) —a document for a dealing other than a dealing restrained by the order; Example— A caveat lodged by a person who has the benefit of an order mentioned in section 389D (1) (c) restrains the lessee of a lease issued under this Act from subleasing the lease. The lodgement of the caveat does not prevent registration of a mortgage of the lease. - (f) another interest that, if registered, will not affect the interest claimed by the caveator. - (i) the mortgagee has power under the mortgage to execute the document; and - (ii) the caveator claims an interest in the lease as security for the payment of money or money’s worth; - (a) a document stated in the caveat as a document to which the caveat does not apply; - (b) a document if the registrar of titles consents to its registration.