Consent of caveator

Form W-08XC (PDF 56.4 KB)

Dealing type - XC

Legislation - s71F(3)(a) Water Management Act 2000

Stamp duty - Not required.

WAL Certificate - Not required.

Caveat noted on the WAL Folio - Does not prevent.

A caveator who consents to the registration of a WAL dealing also consents to the exercise of any powers the registered parties of that dealing may acquire.  For example, a caveator who consents to the registration of a mortgage cannot prevent the mortgagee from transferring, mortgaging, discharging or exercising power of sale under the mortgage. Note  A variation of a registered mortgage is prohibited even though the caveator may have consented to the registration of the mortgage.

See removal of caveator's consent notification page.

(E) The number of the WAL affected by the caveator's consent must be stated.

(F) The tenure type of the WAL must be stated and agree with the tenure type shown on the WAL folio, i.e. Continuing, Specific Purpose or Supplementary.

(G) The registered number of the term transfer, mortgage or charge affected by the caveat being consented to must be stated.

(H) The registered number of the caveat being consented to must be stated.

(I) The full name of the caveator must be stated and must be identical to the name as shown on the WAL folio.  Note Less than all of the caveators may consent. Service of notice on the caveator will apply to the caveators who do not consent.

A Change of Name or Address for Service of Notices of Caveator form W-08CX must be lodged where the caveator has changed their name.

(J) The full name of the registered holder affected by the caveat being consented to must be stated and must be identical to the name as shown on the WAL folio.

(K) The registered number or a description of the WAL dealing being consented to must be stated.

(L) The terms that do not apply must be deleted and verified.  The consent must be absolute. Any qualifications or contingencies are not acceptable.

The consent of the caveator must be executed by the caveator and be witnessed, or be executed on the caveator's behalf by the following:

  • attorney and witnessed
  • authorised officer and witnessed or
  • solicitor or barrister.

Note  A licensed conveyancer cannot execute on behalf of the caveator.

See execution requirements for companies, witnesses etc pages.  Note  Requirements are the same as for Real Property Act dealings except where otherwise stated.

A consent of the caveator may be made by persons other than the caveator as named in the caveat in the following instances:

  • by a surviving caveator where the caveators' interest claimed was held as joint tenants. Evidence of the death of the caveator is required. The joint tenancy of the interest claimed must be established, e.g. by production of the contract or other instrument upon which the claim is based
  • by an executor, administrator or trustee of a deceased caveator where the probate etc is furnished
  • by the Official Trustee in Bankruptcy or trustees in whom the WAL or interest claimed has vested pursuant to the Bankruptcy Act 1966
  • by the Australian Securities and Investment Commission (ASIC) pursuant to s601AFCorporations Act 2001 (Commonwealth) where a company is deregistered
  • on lodgment of a vesting Order pursuant to s74 Trustee Act 1925 (infant or mentally incapable caveator) or s75 Trustee Act 1925 (deceased caveator) or
  • where a change of name of the caveator is supported by a statutory declaration.

Staff processing information

Refer to SD31.

Registration procedure - SD6

Entry of caveator's consent

PRIME CODE    code of caveat as shown on the WAL folio

PRIME NO.    number of caveat

DETAILS    [number of WAL dealing being consented to].

Where less than all caveators consent

PRIME CODE    code of caveat as shown on the WAL folio

PRIME NO.    number of caveat

DETAILS    [number of WAL dealing being consented to] As Regards [name of consenting caveator].