§ 120 — Effect of lodgment of a dealing affecting interest claimed in a caveat

120.—(1) Upon lodgment of a dealing the registration of which is prohibited by a caveat, the Registrar must serve on the caveator a notice of the Registrar’s intention, at the expiration of 30 days from the date of the service of the notice, to register the dealing, and the Registrar must so register the dealing unless within the period of 30 days —(a)

an order has been obtained from the court extending the operation of the caveat for such further period as may be specified in the order or for such further periods as may be specified in subsequent orders made by the court and the order or a duly certified copy thereof is served on the Registrar; or

(b)

the dealing has been uplifted or withdrawn or otherwise becomes incapable of registration.[8/2014]

(2) For the purpose of this section, a dealing is not deemed to have been lodged for registration until (except for the presence of a caveat) it is in order for registration.

(3) Where, after the service of the notice under subsection (1), the dealing to which the notice relates is uplifted, or withdrawn, or otherwise becomes incapable of registration, the effect of the notice is cancelled and the caveat is restored to its former efficacy.

—(1) Upon lodgment of a dealing the registration of which is prohibited by a caveat, the Registrar must serve on the caveator a notice of the Registrar’s intention, at the expiration of 30 days from the date of the service of the notice, to register the dealing, and the Registrar must so register the dealing unless within the period of 30 days —(a)

an order has been obtained from the court extending the operation of the caveat for such further period as may be specified in the order or for such further periods as may be specified in subsequent orders made by the court and the order or a duly certified copy thereof is served on the Registrar; or

(b)

the dealing has been uplifted or withdrawn or otherwise becomes incapable of registration.[8/2014]

(2) For the purpose of this section, a dealing is not deemed to have been lodged for registration until (except for the presence of a caveat) it is in order for registration.

(3) Where, after the service of the notice under subsection (1), the dealing to which the notice relates is uplifted, or withdrawn, or otherwise becomes incapable of registration, the effect of the notice is cancelled and the caveat is restored to its former efficacy.