ACT Caveat Lapsing Challenged - Seek Legal Advice?

[Jaam123]

We are building a house. We have had issues with the builder and their solicitor. We excercised our consumer rights and lodged a complaint with the Office of Fair Trading.

In response, builders solicitor lodged a caveat on the land. We have never withheld or mentioned with holding any monies. The home is almost at completion however there has been a suspension of works since December.

We lodge to lapse the caveat. My partner had only been notified by 445pm today that this was going to be challenged at the Supreme Court tomorrow at 10am by the builders solicitor.

Is this correct that we aren't given fair notice and time to prepare or seek legal advice?

 

[Lance]

Hi,
I just saw this and realised you would have gone to the Supreme Court yesterday. How did you go? Did you challenge the late challenge from their solicitor? I would love to know how it went.

 

[Jaam123]

Hi Lance,
We were given the option to adjourn it to seek legal advice. However we are unable to as this build has left us in financial hardship.
There was no win or lose, it was ruled that caveat stay in place and the judge reserved his decission on costs and left to either party to apply for costs within 30-90 days.
The caveat is to be removed 7 days after receiving paractial completion progress Payment.
There are issues with the build that will need to looked at after practical completion, and issues raised with office of fair trade, but the lodgement allows the other party to apply for costs if the other issues are found in our favour and we seek to recover rectification of those issues.

Hi,
I just saw this and realised you would have gone to the Supreme Court yesterday. How did you go? Did you challenge the late challenge from their solicitor? I would love to know how it went.

 

[Lance]

Hi Jaam,
That doesn't sound too bad. It sounds like you still have some control over the situation.

 

[frank fogarassy]

We are building a house. We have had issues with the builder and their solicitor. We excercised our consumer rights and lodged a complaint with the Office of Fair Trading.

In response, builders solicitor lodged a caveat on the land. We have never withheld or mentioned with holding any monies. The home is almost at completion however there has been a suspension of works since December.

We lodge to lapse the caveat. My partner had only been notified by 445pm today that this was going to be challenged at the Supreme Court tomorrow at 10am by the builders solicitor.

Is this correct that we aren't given fair notice and time to prepare or seek legal advice?

Hi Jaam123. my names frankc... Are you required to be informed about caveat???? My paper work(doc's) say that 22nd may 2008 i was invoiced by solicitor from a loan i never signed... For $8000odd Take note that i already lost $2500 cash for loan doc's that i did not sign...
i never saw invoice ..Then a see that this caveat was lodge on the 26th may 2008. which is ironic that tomorrow, will be 9years ago.....