Risks in Lodging a Caveat

The dangers of lodging a caveat to protect a purported interest in property are illustrated by the decision of Forrest J in Auricchio & Auricchio [2014] FamCA 240.

In applying Queensland State Law pursuant to the accrued federal jurisdiction of the Family Court, His Honour ordered that the wife forthwith take all necessary steps to cause the Queensland Registrar of Titles to remove the caveat from the title to the subject property and reserved the husband’s costs.

The Court held that the wife had not discharged the necessary evidentiary onus on her to uphold the caveat on the title.

Worth a look if you are contemplating placing a caveat on title to protect a client’s interest.