QLDIn ForceAct
Land Title Act 1994
sec.114Applying for Supreme Court order
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### sec.114 Applying for Supreme Court order
This section applies to—
the Attorney-General; or
a trustee or beneficiary under a trust; or
a personal representative, a devisee or anyone else interested in—
a lot of a deceased registered proprietor; or
a trust involving a lot of a deceased registered proprietor; or
a lot registered in the name of a person as personal representative.
a person claiming to be entitled to be appointed as personal representative in the place of the person in whose name the lot is registered
A person to whom this section applies may apply to the Supreme Court for an order that a named person be registered as proprietor of a lot.
The Supreme Court may make 1 or more of the following orders—
that a person be registered as proprietor of the lot;
that a person be removed from the freehold land register as proprietor of the lot;
that a caveat be lodged to protect a person’s interest in the lot;
that a person advertise in a specified form, content or way;
that costs be paid by any person or out of any property.
The registrar must register particulars of an order if a request to register the order is lodged and an office copy of the order is deposited.
An order does not vest an interest in the lot until it is registered.
s 114 amd 2019 No. 7 s 229
(sec.114-ssec.1) This section applies to— the Attorney-General; or a trustee or beneficiary under a trust; or a personal representative, a devisee or anyone else interested in— a lot of a deceased registered proprietor; or a trust involving a lot of a deceased registered proprietor; or a lot registered in the name of a person as personal representative. a person claiming to be entitled to be appointed as personal representative in the place of the person in whose name the lot is registered
(sec.114-ssec.2) A person to whom this section applies may apply to the Supreme Court for an order that a named person be registered as proprietor of a lot.
(sec.114-ssec.3) The Supreme Court may make 1 or more of the following orders— that a person be registered as proprietor of the lot; that a person be removed from the freehold land register as proprietor of the lot; that a caveat be lodged to protect a person’s interest in the lot; that a person advertise in a specified form, content or way; that costs be paid by any person or out of any property.
(sec.114-ssec.4) The registrar must register particulars of an order if a request to register the order is lodged and an office copy of the order is deposited.
(sec.114-ssec.5) An order does not vest an interest in the lot until it is registered.
- (a) the Attorney-General; or
- (b) a trustee or beneficiary under a trust; or
- (c) a personal representative, a devisee or anyone else interested in— (i) a lot of a deceased registered proprietor; or (ii) a trust involving a lot of a deceased registered proprietor; or (iii) a lot registered in the name of a person as personal representative. Example of a person interested in a lot mentioned in subparagraph (iii) — a person claiming to be entitled to be appointed as personal representative in the place of the person in whose name the lot is registered
- (i) a lot of a deceased registered proprietor; or
- (ii) a trust involving a lot of a deceased registered proprietor; or
- (iii) a lot registered in the name of a person as personal representative. Example of a person interested in a lot mentioned in subparagraph (iii) — a person claiming to be entitled to be appointed as personal representative in the place of the person in whose name the lot is registered
- (i) a lot of a deceased registered proprietor; or
- (ii) a trust involving a lot of a deceased registered proprietor; or
- (iii) a lot registered in the name of a person as personal representative. Example of a person interested in a lot mentioned in subparagraph (iii) — a person claiming to be entitled to be appointed as personal representative in the place of the person in whose name the lot is registered
- (a) that a person be registered as proprietor of the lot;
- (b) that a person be removed from the freehold land register as proprietor of the lot;
- (c) that a caveat be lodged to protect a person’s interest in the lot;
- (d) that a person advertise in a specified form, content or way;
- (e) that costs be paid by any person or out of any property.