A caveat under s 89(1) of the Transfer of Land Act 1958 (Vic) may only be lodged for the proper purposes of protecting a claimed estate or interest in land and providing notice of that interest on the Register. Lodging a caveat as a bargaining chip in relation to an unrelated claim (such as child maintenance) constitutes a serious misuse of the statutory provisions. The relationship of marriage alone does not create a caveatable interest, and a right to seek orders under the Family Law Act does not give rise to a caveatable interest until the Family Court makes an order in respect of the land.
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