Hi @TJ , yes this is where a Priority Notice would come in handy, although I understand that:
1. In NSW the registration of some dealings would not be prevented by a priority notice, one of those being a caveat or the withdrawal or lapsing of a caveat.
2. In VIC, Land Use Victoria confirms:
'A priority notice will not prevent recording an instrument that does not require a supporting Certificate of Title (eg caveats, warrants and land tax charges) which will still be recorded regardless of a priority notice.
A priority notice can apply to all instrument types and will:
* protect the interests of parties to an intended instrument or transaction, from the time the priority notice is lodged until that instrument or transaction is lodged
* alert interested parties who search the Register that an instrument or transaction is pending'
3. In Queensland the eConveyancing Guidelines state:
'7.2.4 A new dealing lodged after locking and before settlement
Once the workspace locks it will proceed to settlement unless the dealing lodged after locking prevents lodgement. The only dealing that will prevent lodgement of the transfer documents will be a change of name request. Other dealings such as caveat, writs or encumbrances will prevent registration, but not lodgement. This is the same as the risk in a paper settlement where a dealing is lodged after the settlement has occurred, but before lodgement and registration. The risk to a buyer can be minimised by lodging a settlement notice.'
Cheers
Simone
... View more
