74BLodgment of caveats against primary applications

#### 74B Lodgment of caveats against primary applications 74B Lodgment of caveats against primary applications > > (1) A person who claims a legal or equitable estate or interest in land that is the subject of a primary application, or in any part of any such land, may, at any time before a folio of the Register is created for that land or part under section 17 (2), lodge with the Registrar-General a caveat prohibiting the bringing of that land or part under the provisions of this Act. > > > (2) A caveat lodged under subsection (1) must— > > > > > (a) be in the approved form, > > > > > (b) specify the following— > > > > > > > (i) the name of the caveator, > > > > > > > (ii) an address for the caveator, > > > > > > > (iii) an address at which notices may be served on the caveator, > > > > > > > (iv) the prescribed particulars of the estate or interest to which the caveator claims to be entitled, > > > > > > > (v) if the caveat relates only to part of the land that is the subject of the primary application—a description that enables the part to be identified, > > > > > (c) be verified by statutory declaration or, in the case of a caveat lodged electronically, be verified in a way approved by the Registrar-General, and > > > > > (d) be signed by the caveator or by a solicitor or other agent of the caveator. > > > (3) On the lodgment of a caveat under subsection (1), the Registrar-General shall give notice in writing of the lodgment of the caveat to the primary applicant in relation to whose application the caveat has been lodged. > > > (4) The address provided under subsection (2)(b)(iii) for the service of notices must— > > > > > (a) be an address in Australia, or > > > > > (b) if the regulations provide that notices under this section may be served electronically—comply with requirements prescribed by the regulations. > > **s 74B:** Ins 1986 No 167, Sch 1 (1). Am 2015 No 23, Sch 1.8 \[1\]; 2016 No 55, Sch 1.26 \[1\]; 2018 No 75, Sch 2 \[9\]; 2021 No 10, Sch 1.2\[8\]; 2025 No 50, Sch 4\[18\] \[19\].