Land Titles Act 1980

Subject to this section, so long as a caveat forbidding the registration of a dealing remains in force, the Recorder shall not, except with the written consent of a person entitled to withdraw the caveat, record any dealing upon the folio of the Register, or the registered dealing, affected by the caveat.

Subsection (1) does not operate to prevent the recording of – a dealing which has been lodged for registration prior to the lodging of the caveat; or a dealing lodged by or on behalf of the Crown or a public or local authority – pursuant to a power – to resume or take land; to restrict the use or alienation of land; to erect works on land; to charge land with the payment of money; or to give notice of its intention to do one or more of the things referred to in sub-subparagraphs (A), (B), (C), and (D); pursuant to an Act which expressly or impliedly authorizes a recording notwithstanding the existence of a caveat; or in prescribed circumstances; or a scheme within the meaning of section 3 of the Strata Titles Act 1998; or a final plan within the meaning of Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993.

Except to the extent that it otherwise specifies, a caveat referred to in subsection (1) does not prevent the Recorder from recording in the Register – a transfer under Division 11 of Part 9 of the Local Government Act 1993; a writ within the meaning of section 61; a declaration of severance of a joint tenancy pursuant to section 63; a dealing executed by a registered mortgagee, or a registered encumbrancee, in pursuance of a power of sale or lease contained in the mortgage or encumbrance or conferred on the mortgagee or encumbrancee by this Act; a discharge of mortgage or encumbrance pursuant to section 89, section 90, section 93, section 94, or section 148; if the caveat lapsed pursuant to section 136 so as to allow registration of a lease, mortgage or encumbrance, a subsequent dealing by the proprietor of the lease, mortgage or encumbrance (including a dealing that is an extension or variation of that lease, mortgage or encumbrance); if the caveator consented to the registration of a lease, mortgage or encumbrance, a subsequent dealing by the proprietor of the lease, mortgage or encumbrance (other than a dealing that is an extension or variation of that lease, mortgage or encumbrance); an order for foreclosure under section 86; a transmission on the death of a registered proprietor under section 98 or section 99; the registration as proprietor of an applicant under section 100; the discharge of a covenant pursuant to section 104; on the folio or registered dealing constituting the title to the land benefited, a grant of easement or profit à prendre; on the folio or registered dealing constituting the title to the land burdened, a release or cancellation of easement or profit à prendre; an order under section 110; an expungement under section 103 or section 109; a highway under section 112; a vesting order under section 138B, section 138D or section 138X; the registration of a person as proprietor under section 138A; a final order under section 142; or a change in the name, or a notification of the full and correct name, of a registered proprietor.

Where the Recorder pursuant to subsection (2) or subsection (3) records a dealing – that completely disposes of the estate of the registered proprietor in the land to which the caveat relates, the caveat lapses and ceases to have any effect; or that does not completely dispose of the estate of the registered proprietor in that land, the caveat remains in full force and effect after that recording.

For the purpose of subsection (4), a registration effected under section 98 or section 100 or a recording made under section 99 shall be deemed not to dispose completely of the estate of the registered proprietor whose estate is transmitted under those sections.