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Caveats Victoria

an occasional blog by Philip Barton

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C/O Foley’s List

205 William St

Melbourne, Vic, 3000

Phone: +61 3 9225 7777

Email: pbarton@vicbar.com.au

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Categories

Abuse of Process – s 90(3) (3)
Agreement concerning land – no caveatable interest (1)
Amendment of caveat (6)
Amendment of S. 90(3) Application to Injunction Application (2)
Australian Consumer Law Breach – No Caveatable Interest (1)
Balance of Convenience – general (14)
Balance of Convenience – Net Proceeds of Sale To Be Held In Trust (2)
Balance of Convenience – No Equity Remaining in Land (1)
Balance of convenience to permit refinancing or transfer (8)
Bankrupt – Caveat by (2)
Barnes v Addy claim (1)
Caveat as security against damages (1)
Caveat – Test for maintenance on s. 90(3) application (11)
Caveator – Standing to lodge caveat (1)
Caveator required to commence proceeding where conflicting testimony (2)
Charge (Equitable) (4)
Civil Procedure Act – overarching obligations (1)
Compensation Claim – s. 118 (6)
Conditional right to purchase – whether caveatable interest (1)
Constructive trust – Common intention (2)
Constructive Trust – Domestic relationship (3)
Constructive trust – general (1)
Constructive Trust – Misappropriation or Breach of Trust (3)
Constructive trust – Muschinski v Dodds/Baumgartner (6)
Constructive trust based on derivative company proceeding (2)
Constructive trust based on proprietary estoppel (3)
Contract – Principles of interpretation (4)
Contract of sale (11)
Contractual right to caveat (1)
Costs – General (12)
Costs against Registrar (1)
Costs against solicitors (4)
Costs – Indemnity (12)
Court of Appeal & other appeal (7)
Deceased estate – no caveatable interest (1)
Discipline for delinquent lodging of caveat (2)
Discovery – desire for not giving rise to serious question to be tried (1)
Duties Act 2000 – no caveatable interest (1)
Estoppel – Anshun (1)
Estoppel – Whether Caveatable Interest (2)
Evidence on Application Under s. 90(3) (4)
Express Trust (1)
Family Law proceedings (9)
Fraudulent Transfer (2)
Freehold estate – meaning (2)
Freezing order (1)
High Court (1)
Implied, resulting or constructive trust (1)
Injunction (1)
Injunction against caveating (8)
Injunction against Registrar (1)
Injunction – Unsuccessful caveator nonetheless obtains injunction (2)
Injunction to protect priority (3)
Interest in Land Must Exist at Time of Caveating (4)
Interest in Land or Grounds of Claim – Accuracy of Claim in Caveat (5)
Interest in land required to support a caveat (1)
Laches (1)
Lapse of Caveat (1)
Legal Interest Claimed in Caveat (1)
Lien (Including Purchaser’s) (3)
Masters v Cameron (1)
Mere Equity not Caveatable (4)
Mortgage (4)
Mortgage (Equitable) (2)
Nominee – caveat by (3)
NSW Caveat (2)
Option to purchase (1)
PEXA menu (2)
Philip Barton Papers and Articles from 1981 (1)
Preliminary payments towards abortive loan caveatable? (1)
Priorities between equitable interests (3)
Prohibition (extent of) (3)
Promise to make will in favour of caveator – whether caveatable interest (1)
Quantum meruit and works (1)
Receiver – restraining sale by (1)
Recent (2)
Registrar – joinder (1)
Registrar’s duty to accept caveat? (1)
Registrar’s Notice under s. 106 (1)
Renewal of caveat (1)
Restitution – Claim for, Not Giving Rise to Caveatable Interest (1)
Resulting Trust (4)
Right of first refusal – whether caveatable interest (1)
S. 90(3) Application – Originating motion or Summons? (3)
Second Caveat Claiming Additional Interest (1)
Section 32 Sale of Land Act – breach (1)
Security for costs (1)
Service on caveator, ss. 89(4), 113(3) (1)
Settlement Deed (1)
Solicitor's Caveat (1)
Solicitor's cost agreement (1)
Specific performance (3)
Subdivision – unsubdivided lot (1)
Subrogation (2)
TLA procedures – s. 90(3) versus s. 89A (2)
TLA S. 89A (1)
TLA S. 90(2) Application (2)
Trustee in Bankruptcy, Caveat By (1)
Unconscionable dealing (1)
Undertaking as to Damages (6)
Undue influence (1)

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