We recently acted for a client who required the urgent removal of a caveat lodged on his property as the settlement date was fast approaching.
A female placed a caveat over our clients property claiming that she had formerly been in a de facto relationship with our client- our client vehemently denied having ever been in any relationship with her let alone one that constituted a de facto relationship under the Family Law Act.
His property was due to settle on a Tuesday. Despite repeated requests to the females lawyers to remove the caveat (on the basis that the grounds were spurious) their client refused to do without our client ageing to pay her some monies out of the settlement proceeds.
Application to remove Caveat
On the Friday prior at 2pm, as a result of the above position taken by the female, our client took our advice to ‘call her bluff’ and instructed us to take the necessary steps to have the caveat removed to enable settlement to proceed on the following Tuesday.
We were able to make arrangements with the Supreme Court of Queensland late Friday afternoon to have the matter listed for hearing on the Monday morning before a Justice of the Supreme Court.
We prepared the necessary application documents and affidavits in support thereof and subsequently appeared before the Court in which our client was successful in his application to have the caveat removed including a costs order as against the female.
The above success is demonstrative of our ability and drive to succeed to get the best outcomes for our clients, even if those measures are required to be taken urgently.
Lodging caveats on unfounded or dubious grounds in attempt to use them as ‘leverage’ in disputes can be a dangerous and costly exercise.