WA Caveats on Property - Which One has Priority?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

brendonWA

Member
13 June 2017
1
1
1
If there are a number of caveats on one's property which caveats have priority on the other. I gather a registered mortgage is a registered document and therefore have priority and precedent over any later caveats?

My next question is the first caveat lodged on the 7th of the month for debt owing to that party where I signed an agreement acknowledging to the party that I own them the money. Subsequently another caveat lodged by my ex estranged de facto claiming an interest on the property after the first caveat say 14th of the same month. Who has the priority and first bit of my property beside the bank or the registered mortgage?

The party of the first caveat now is also a party to my family court proceeding. From a common point of view if there is no money left after the first caveat party and the bank than the family court caveat is worth nothing but the lawyer for the estranged de facto tried to argue that the money owing to the first caveat is a gift because the first caveat is a member of the family but it is a different person to me.

They want money that I owe to them withdrew from their bank account subsequently I signed a paper acknowledging that debt, which later caveats have priority over each other so I know where my financial position as I need to pay back to my family member.

Can anyone who is an expert in this matter provided me some lights on this subject? Does the first caveat have priority over the second caveat because they lodged earlier than the second one.

Cheers
 
  • Like
Reactions: PosComs