Recorded Webinar: A Caveat When It Comes to Lodging Caveats (NSW)

Responsibility for making a valid claim to a caveat has shifted from the client to the PEXA user as a result of process changes and a recent decision of the NSW Supreme Court. This session will provide a guide to the lodging of a caveat and how conveyancers can minimise their risks in doing so, including:

• An overview of the law of caveats – what is a caveat and what does caveat registration do?
• In what circumstances are caveats lodged?
• What are the pre-requisites to lodging a caveat? An exploration of what constitutes a caveatable interest
• What are the consequences of improperly lodging a caveat?
• How PEXA has changed practice: a study of the decision in Guirgis v JEA Developments Pty Ltd [2019] NSWSC 164 and its implications for:

• The role of conveyancers in lodging caveats
• The responsibility of conveyancers when lodging caveats
• The liability of conveyancers improperly lodging caveats for costs and damages
• Disciplinary action against a conveyancer by the regulato.

• What a certifier needs to do – a guide to complying with the rules when lodging a caveat and standard of care required