Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 105

105 Lapsing of objector’s caveat

(1) If the registrar—

(a) is not satisfied that the caveator has an interest in the lot; or

(b) is satisfied that any interest that the caveator has in the lot has been extinguished under the Limitation of Actions Act 1974 ;

the registrar must, by written notice given to the caveator, require the caveator to start a proceeding to recover the lot in the Supreme Court within 6 months after the notice is given.

(2) The caveat lapses unless, within the required time, the caveator—

(a) starts a proceeding in the Supreme Court to recover the lot; and

(b) gives written notice, in the way the registrar requires, to the registrar that the proceeding has started.

(3) The caveat also lapses if—

(a) the proceeding is withdrawn or dismissed; or

(b) judgment in the proceeding is given against the caveator and the time for appealing against the judgment expires without an appeal being lodged; or

(c) if the judgment in the proceeding is given against the caveator and the judgment is appealed—the appeal is dismissed or withdrawn.

(4) In this section—

"required time" means—

(a) the 6 months mentioned in subsection (1) ; or

(b) if the registrar proposes to act under section 107 (1) (b) —the time allowed under section 107 (3) .