The word 'Absolutely' in the prohibition field of a Victorian caveat does not mean the caveat prohibits all dealings with the land; it means the prohibition on registration of instruments affecting the caveator's claimed interest is absolute rather than conditional. A caveat claiming an interest as chargee under an agreement with one joint proprietor does not on its face restrict the other joint proprietor's ability to deal with their interest. When assessing balance of convenience for caveat removal under s 90(3) TLA, the court must weigh the prejudice to the caveator (including complete extinguishment of security) against prejudice to the applicant, and must consider alternative orders that protect all parties' interests.
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