89ARemoval of caveat on application to Registrar

89A Removal of caveat on application to Registrar S. 89A(1) amended by Nos 9976 s. 11, 18/1989 s. 12(Sch. 1 item 127). (1) Subject to the provisions of this section, where a recording of a caveat (not being a caveat lodged by the Registrar) has been made pursuant to section 89(2), any person interested in the land affected thereby or in any part thereof may make application in an appropriate approved form to the Registrar for the service of a notice pursuant to subsection (3). (2) An application under this section shall— (a) specify the land and the estate or interest therein in respect of which it is made; and S. 89A(2)(b) amended by Nos 35/1996 s. 453(Sch. 1 item 83.10), 42/2017 s. 34(a). (b) be supported by a certificate signed by a person for the time being engaged in legal practice in Victoria, referring to the caveat and stating the person's opinion that, as regards the land and the estate or interest therein in respect of which the application is made, the caveator does not have the estate or interest claimed by the caveator. (3) Upon receiving any such application and certificate and upon being satisfied that the applicant has an interest in the land in respect of which the application is made, the Registrar shall give notice to the caveator that the caveat will lapse as to the land and the estate or interest therein in respect of which the application is made on a day specified in the notice unless in the meantime either— (a) the application is abandoned by notice in writing given to the Registrar by or on behalf of the applicant; or S. 89A(3)(b) amended by Nos 80/2009 s. 46(1), 42/2017 s. 34(b). (b) notice in writing is given to the Registrar that proceedings in a court or VCAT to substantiate the claim of the caveator in relation to the land and the estate or interest therein in respect of which the application is made are on foot. S. 89A(4) amended by No. 80/2009 s. 46(2). (4) The Registrar shall not cause a day to be specified in the notice that is less than 30 days after the day on which the notice is served or, if the notice is sent by post, the day on which it is introduced into the course of post. S. 89A(5) amended by No. 18/1989 s. 12(Sch. 1 item 128). (5) Upon the specified day, unless— (a) the application has been abandoned as aforesaid; or (b) notice in writing has been given to the Registrar that proceedings as aforesaid are on foot— the caveat shall lapse as to the land and the estate or interest therein to which the application then relates, and the Registrar shall make all necessary amendments in the Register. S. 89A(6) amended by No. 42/2017 s. 34(c). (6) An application under this section may be abandoned either wholly or as to part of the land or the estate or interest therein in respect of which it is made either before or after notice is given pursuant to subsection (3), but where notice has been given, only with the consent of the caveator or the caveator's agent. (7) Where notice in writing of the kind referred to in paragraph (b) of subsection (3) is given to the Registrar— S. 89A(7)(a) amended by Nos 80/2009 s. 46(3)(a), 42/2017 s. 34(d). (a) if in the proceedings in question the claim of the caveator is not substantiated to the satisfaction of a court or VCAT—the court or VCAT may make such order in relation to the caveat as the court or VCAT thinks fit and the Registrar shall give effect thereto; S. 89A(7)(b) amended by Nos 18/1989 s. 12(Sch. 1 item 129), 85/1998 s. 14, 80/2009 s. 46(3)(b), 42/2017 s. 34(e). (b) if there is subsequently served upon the Registrar a copy of any notice, or an office copy of any order of the court or VCAT, disclosing that the proceedings in question have been discontinued, withdrawn or struck out or evidence to the satisfaction of the Registrar that those proceedings have been dismissed—the caveat shall lapse as to the land and the estate or interest therein to which the application then relates, and the Registrar shall make all necessary amendments to the Register. No. 5842 s. 90.