Section 74O Real Property Act 1900 provides that a further caveat by the same caveator for the same estate or interest and based on the same facts as the earlier caveat is of no effect if the earlier caveat is:
- subsequently lapsed
- lapsed pursuant to a Preparation of Lapsing Notice form 08LX
- withdrawn after lodgment of a Preparation of Lapsing Notice form 08LX
- lapsed by an Order of Court pursuant to s74MA Real Property Act 1900 or
- withdrawn by an Order of Court pursuant to s74MA Real Property Act 1900.
A further caveat that is subject to the above conditions may be recorded if Item 2 in the statutory declaration set out at Note (K) of the Caveat form 08X has been deleted and the caveat is accompanied by:
- an Order of the Supreme Court authorising its lodgment or
- the consent of the registered proprietor or possessory applicant of the affected estate or interest.
Note A further caveat with the same claim etc may be recorded where the earlier caveat has been withdrawn, providing that the withdrawal was not lodged in response to lapsing action or pursuant to an Order of Court under s 74MA Real Property Act 1900.