VIC Divorce - Easiest Way to Remove Property Caveats?

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

Mollis

Well-Known Member
20 July 2015
32
4
124
Good afternoon…

I would be grateful for some help on this one...

I have two properties with caveats that were attached during my recent divorce. Ex wife now lives in the UK and has no interest of claim in either property following our financial and property settlement.

I have written confirmation from her that she is OK with the caveats being removed and I also have two completed Application for Removal documents signed by her, the caveator, and her solicitor in the UK.

I completed and lodged my identity check with Aus Post and the land registry and tired to submit the applications but they rejected them and said she would need to visit the embassy in the UK to prove her identity...but, she's not willing to do this.

I was advised that I should instead submit two Application for Service of Notices under Section 89A. I have the forms and have completed the application section but it needs a lawyer to complete the Current Practitioner Certificate which needs to accompany the applications.

I have been quoted over $1,000 to do this which seems extortionate?

I'm just wanting to know what is the quickest, easiest and of course, cheapest way to complete this process...?

I look forward to hearing from you at your earliest convenience.

Thanks in advance
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,820
1,072
2,894
www.hutchinsonlegal.com.au
Personally I think that amount is reasonable as they have to guarantee the information is correct else they end up in trouble, especially when talking about property that is likely to worth hundreds of thousands if not millions of dollars. It is not something they want to get wrong. It is the price to pay for someone properly doing their job. After all, fraud is not unknown when dealing with property.