Following ABC v O'Neill, the applicable test for the 'serious question to be tried' limb in caveat removal applications under s 90(3) of the Transfer of Land Act 1958 (Vic) is the 'prima facie case' test from Beecham Group v Bristol Laboratories, requiring the caveator to show a sufficient likelihood of success to justify the practical effect of the caveat, not merely that the claim is not frivolous or vexatious. A bare unverified assertion in an affidavit of an interest in land is insufficient to meet this standard. A caveat must be proportionate to the interest claimed; an absolute caveat is not justified where only a modest equitable interest is asserted.
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