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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42665
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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From the Registrar at landgate informing me my ex has made

Customer Question

from the Registrar at landgate informing me my ex has made an application for the withdrawal of the caveat that i placed on the property.
JA: What state are you in? It matters because laws vary by location.
Customer: He said i should make an application to the supreme Coourt of WA but i dont know whcih form and what order i should use. Csn you help?
JA: Has anything been filed or reported?
Customer: WA
JA: Anything else you want the lawyer to know before I connect you?
Customer: I WANT TO KNOW WHETHER THE LAWYER CAN FILL IN THE FORM FOR ME AND I CAN FILE IT MYSELF ASAP
Submitted: 1 month ago.
Category: Australia Law
Expert:  Leon replied 1 month ago.

Good Morning.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand I am very limited on what I can tell you and that you may have to get more detailed advice.

This is not a simple matter and you should see a solicitor in WA to get assistance on this. Your application in the Supreme Court has to set out your right to have a caveat and set out the evidence.

You have to provide the solicitor with a full history and facts you are relying on to lodge the caveat.

If the Caveat was placed on the property because of a family law action, I would suggest you not waste your money going to the supreme court because you do not have a right to lodge a caveat un family law matters.

You have to be able to show you have an equitable interest in the property to be able to lodge it. e.g. you provided a loan to her.

The law society of WA can provide you with a referral. Their website is https://www.lawsocietywa.asn.au

It is not going to be a cheap action. It is an equity matter and will rely on old cases supporting your actions.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 1 month ago.
is this worth the amount?
Not happy
Expert:  Leon replied 1 month ago.

I am sorry I could not give you anything more positive but this is what you have to do.

If you choose to proceed with the supreme court to have the caveat remain you are looking ta costs of approximately $15,000.00 - $20,000.00 if it goes to a hearing.

I would not suggest you dos this on your own as it is an equity matter and the rules are strict and if not done correctly you could be up for the costs of the other side as a cost order.

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