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Caveats Against Dealings in Australia and New Zealand

By Shannon Lindsay


This work has been written by a practitioner for the benefit of practitioners.

The two introductory chapters deal with broad general principles and conceptual issues such as what is a caveat? and what is a caveatable interest? but the bulk of the book is taken up by an encyclopaedic analysis of all of the reported Australian and New Zealand cases touching upon caveats. Essentially this book is intended to function as a road map for practitioners to the reported cases, guiding them to cases involving similar facts, and breaking the issues up in a way that matches the practical problems with which they must deal.

Chapters which follow on from the general introductory chapters:

  • list all the recognised categories of situations where there is a caveatable interest
  • deal with defects in the drafting of caveats
  • describe the procedures available to a registered proprietor or other interested person for freeing the title from the caveat
  • analyse the criteria for a successful action for compensation for wrongful lodgement of a caveat
  • explain the role of caveats in determining equitable priorities

There is also a brief chapter dealing with the assessment of stamp duty on caveats.


Nature and Effect of a Caveat

Caveatable Interests: general principles

Caveatable Interests: particular interests


Means of Removing a Caveat

Compensation for Unjustifed Lodgment of a Caveat

Caveats and Equitable Priorities

Stamp Duties


Australian State and Territory Legislation
New Zealand Legislation

Table of Cases/ Table of Statutes/ Index


Published October 1995
Publisher The Federation Press
ISBN 9781862871946
Australian RRP $71.50
International Price $69.50
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Out of print

Law - Property Law
Law - New Zealand

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