Prepare a caveat in Simple mode

Step 1: Navigate to the Prepare Caveat page.

You access the Prepare Caveat page from the Instrument & Roles page.

To open the page, choose 1 of the following:

• Select the Caveat hyperlink when the instrument details are collapsed.
• Select the Prepare button when the caveat instrument details are expanded.
• Select the 3-dot menu to the right of the caveat instrument. Then select Prepare instrument from the menu.

Step 2: Select the caveat type.

By default, Against dealings with land under s138 Land Transfer Act 2017 is selected.

Step 3: Select the mode you want to prepare the caveat in.

By default, Simple mode is selected for a caveat instrument. Use this mode to prepare a caveat over all the affected titles and in respect of all the owners.

Step 4: Select the Caveat Agreement type and enter the agreement date if needed.

Use the down arrow in the Caveat Agreement type field to select one of the following agreement types:

• Agreement for Sale and Purchase. You can also enter the sale and purchase agreement date if known, to remain on the auto-registration pathway.
• Agreement to Mortgage. You must enter the date of the agreement.
• Other. Select this option for all other caveat types.

Step 5: Check the Registered Owner names are correct.

The Registered Owner(s) section will automatically display names of registered owners. It will reflect any prior change of ownership instrument already prepared in that dealing.

Change due to pending dealing

Use the Change due to pending dealing toggle under the Registered Owner(s) to edit the current owner details or to deal with protected (hidden) titles or instruments. For example, use when an instrument in a prior dealing is updating who the registered owners will be. 

To reorder owners select the 6-dot grid icon to the left of an owner and drag and drop them above or below another owner.

Revert/update

Use the Revert/update button above the Registered Owner(s) section to reset the owner names to reflect the Register and any prior instruments in the dealing. For example, if the name has been edited using Change due to pending dealing it will revert to what is recorded on the Register.

Another example is if a prior instrument has been added to your dealing which changes the registered owner. Using Revert/Update will pull through the updated names.

Additional Registered Owner details

To view other details such as an alias, suffix or birth date of a minor, select the person icon to the right of the registered owner.

If the person icon is filled in and blue, there are additional details recorded for that registered owner.

Step 6: Enter the Caveator names.

Enter the Given and Family Name for an individual or select the corporate icon to enter the Corporate name.

Select +Add row to add another Caveator.

Select the trash can icon to remove a Caveator.

Step 7: Select whether a third party is involved in the caveat or not.

The field Is third party involved? will appear on the screen if relevant.

Select Yes if the Caveator(s) interest is not derived from the registered owner of the record of title. You'll also need to explain the link between the registered owner, the third party and the Caveator in the Interest Claimed field. 

For example, the Registered Owner A may have agreed to sell the property to person B, who has agreed to sell the property to person C. In this case, person B would be the third party and person C is the Caveator.

If there is a direct derivation from the registered owner select No.

Step 8: Enter the details of the interest claimed.

If the caveat agreement type is Agreement for Sale and Purchase or Agreement for Mortgage, the default wording will automatically populate and be read-only. You can select Edit to update the default wording as needed. Any edits will result in the instrument stepping down to Lodge.

If a third party is involved, the default wording will populate and default to editable so you can demonstrate the connection between the registered owner, the third party and the caveator.

Step 9: Check the Add exceptions to the notice checkbox and enter any exceptions to the caveat, if needed.

Skip this step and go to step 10 if there are no exceptions to the caveat.

Select the Add exceptions to notice checkbox to open The exceptions are free text field.

Enter any exceptions to the caveat, such as a mortgage or encumbrance

Step 10: Enter the Address for Service of Caveator.

Select the delivery method: Email, Post or Fax. By default Email is selected.

The Address fields will update depending on the delivery method.

Enter all address information with a red asterisk.

Step 11: Enter the Address of the Registered Owner.

Select the delivery method: Email, Post or Fax. By default Email is selected. Registered Owner names will pre-populate.

The Address fields will update depending on the delivery method.

If available, enter the address for the registered owner. A caveat can only auto-register if address details are provided.

Step 12: Check the Summary to review the instrument details.

The Summary tab will automatically update and display a read-only summary of some key details entered in the left-hand side of the page.

Use the Preview Instrument button to view, print or download the full instrument preview, including any certifications and signatures.

Step 13: Save the instrument details.

To save instrument details:

• Select Save to save information and remain on the Prepare Caveat page.
• Select Save and back to save the information and return to the Instrument & Roles page.