Caveats - common issues 2025 - On Demand

Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

• $149 - Law Society members and Associate members
• $215 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

Caveats continue to be contentious and highly litigated. This module will consider the common issues that your clients are likely to face and reflect on the practical implications stemming from some of the key cases in this area.

Topics will include:

• What amounts to a caveatable interest and what does not
• Registering, challenging and defending caveats
• Recent case law developments.

Learning objectives

By completing this module you will:

• Gain practical guidance on common issues surrounding caveats.
• Better understand caveatable interests.
• Be updated on recent case law.

Electronic paper 

Author: Mark Colthart
Published: 13 March 2025
Pages: 25

Introduction

It has been over five years since the last NZLS CLE webinar on the topic of caveats.

In the intervening period, much has changed. The courts have delivered a number of significant decisions on the topic, including the judgments of the Supreme Court in Cowan v Cowan, and the Court of Appeal in Green & McCahill Holdings Ltd v Ara Weiti Development Ltd (Green & McCahill). I will review both judgments in detail in ch 9.

What has remained constant, however, is that caveats continue to be contentious and highly litigated. A review of the sheer number of judgments issued on caveat applications over the last five years proves the point. It is not an understatement to say that caveat applications remain an integral part of the stock-in-trade of many civil litigation practitioners. Likewise, providing advice to clients regarding caveats, and lodging caveats, is a common feature of everyday property law practice.

The particular topics covered in this paper include:

(a) the nature of a caveat;
(b) interests that will or may support a caveat;
(c) interests that do not support a caveat;
(d) the effect of no caveat clauses;
(e) the particulars required when describing the interest claimed;
(f) applications to remove or sustain a caveat;
(g) compensation claims; and
(h) recent cases.

PowerPoint Presentation

These are the slides included in the presentation.