A caveator who obtains legal advice before lodging a caveat may rely on that advice as providing reasonable grounds for an honest belief, even if the advice was negligent, provided the caveator did not contribute to the giving of wrong advice (e.g., by failing to properly instruct the solicitor). The solicitor's absence of reasonable grounds for the advice is not automatically imputed to the client. However, the receipt of legal advice does not provide an absolute defence — the content and accuracy of the advice must be evaluated with all other relevant facts and circumstances. A solicitor advising a client is not acting as the client's agent in giving that advice, though the solicitor is the client's agent in the physical act of preparing and lodging the caveat.
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