§ 175 — Validation of extensions of caveats lodged under repealed Act

175.—(1) Where at any time before 1 March 1994 a caveat was notified on a folio or the Caveat Index under the provisions of Part XI of the repealed Act and an extension of caveat was notified on the folio or Caveat Index in respect of the same matter dealt with by the caveat notwithstanding that the repealed Act did not provide for caveats to be extended, the caveat does not lapse until —(a)

the expiration of a period of 5 years commencing from the date of the lodgment of the extension of caveat which was accepted and notified on the folio or Caveat Index; or

(b)

where more than one extension of caveat has been lodged and notified on the folio or Caveat Index before the expiry of each 5‑year period from the date of the lodgment of the last extension of caveat which was accepted and notified on the folio or Caveat Index, the expiration of a period of 5 years from the date of the lodgment of the last extension of caveat which was accepted and notified on the folio or Caveat Index.

(2) Subsection (1) does not apply to a caveat where an order has been made by a court before 1 March 1994 in respect of the validity or priority of the caveat.

—(1) Where at any time before 1 March 1994 a caveat was notified on a folio or the Caveat Index under the provisions of Part XI of the repealed Act and an extension of caveat was notified on the folio or Caveat Index in respect of the same matter dealt with by the caveat notwithstanding that the repealed Act did not provide for caveats to be extended, the caveat does not lapse until —(a)

the expiration of a period of 5 years commencing from the date of the lodgment of the extension of caveat which was accepted and notified on the folio or Caveat Index; or

(b)

where more than one extension of caveat has been lodged and notified on the folio or Caveat Index before the expiry of each 5‑year period from the date of the lodgment of the last extension of caveat which was accepted and notified on the folio or Caveat Index, the expiration of a period of 5 years from the date of the lodgment of the last extension of caveat which was accepted and notified on the folio or Caveat Index.

(2) Subsection (1) does not apply to a caveat where an order has been made by a court before 1 March 1994 in respect of the validity or priority of the caveat.