The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Land transaction procedure guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.
1 Verification of Identity
The caveator in a caveat will be subject to the Verification of Identity process as of 5 June 2018. This process is completed by Australia Post for self-represented parties. Refer to Land Transaction Procedure Guide VOI-02 for eligibilty and instructions on how to complete your verification of identity. For information regarding the Verification of Identity Practice refer to Verification of Identity webpage on the Landgate website.
[1 New paragraph added on 06/08/2018]
1. Overview
Mandated Electronic Lodgement of Caveats
As of 1 December 2018, all eligible, stand-alone caveats and any lodgement case consisting of eligible discharges, transfers, mortgages, caveats and withdrawal of caveats must be lodged electronically, as per the Transfer of Land Regulations 2004.
A self-represented party (someone who has not engaged an industry professional to prepare and lodge the caveat) may be eligible to lodge a caveat in paper. For further information, please refer to VOI-02 Western Australian Registrar and Commissioner of Titles Joint Practice: Verification of Identity and Authority for Self-Represented Parties. Paper Based Transactions and ELE-01 Electronic Conveyancing or contact Landgate’s Customer Service team on +61 (0)8 9273 7373 or email customerservice@landgate.wa.gov.au.
2. Purpose
A caveat confers no proprietary interest itself. Its purpose and function is to preserve and protect the rights of a caveator. It prohibits the caveator’s interest from being defeated by the registration of a dealing without the caveator having first had the opportunity to invoke the assistance of a Court to give effect to the interest. The interest may arise through the application of legal rules and principles or it may arise because a specific equitable remedy exists to protect it.
Under s.138 of the TLA the registered proprietor may summon the caveator to appear before the Supreme Court or a Judge in chambers to show cause why the caveat should not be withdrawn.
Section 140 of the TLA provides that a caveator lodging a caveat without reasonable cause shall be liable to pay such compensation for damage caused as a Judge on a summons in chambers may order.