Topics to be addressed include:

• The purpose and function of a caveat
• Why file a caveat
• Drafting caveats and PEXA
• The process for removal of a caveat, including:
  • application for withdrawal or issuing a lapsing notice
  • identifying whether there is a caveatable interest
  • how should one approach the balance of convenience
  • who bears the onus of proof?
  • drafting relief/orders
  • what evidence is usually required on such applications
  • is short service required
  • the role of an instructing solicitor in such applications
• What is “sufficient substitute security” for a caveat and when to ask for/proffer such
• Compensation under s 74P – what is recoverable
• Leave under s 74O
• Electronic lodgement of caveats and the subscriber’s professional obligations
• Tips on briefing counsel

There will be a 10-minute stretch break at the half-way point of the webinar.

This live webinar is ideal for solicitors in general practice, commercial property lawyers, conveyancing specialists, senior executives of financial and property corporations.

This webinar is produced in NSW and features a NSW based practitioner. This webinar is available to all NSW based practitioners.

Substantive law – 1 point

Professional skills – 1 point

If you intend to claim CPD units for this educational activity, please note that CPD activities are not accredited by the Law Society of NSW or any other equivalent local authority, with the exception of Western Australia. If you hold a practising certificate in a state or territory other than Western Australia and this educational activity extends your knowledge and skills in areas that are relevant to your practice needs or professional development, then you should claim one (1) "unit” for each hour of attendance, refreshment breaks not included. The annual requirement is ten (10) CPD units each year from 1 April to 31 March. Some practitioners, such as accredited specialists, are required to complete more than ten (10) units each CPD year.

If you hold a Western Australian practising certificate, please refer to the course description below as to whether you are eligible to earn CPD points for this activity.

Practitioners holding WA practising certificates are not eligible to earn CPD points for this course.

All times listed for this course are Australian Eastern Daylight Time (AEDT). Please take note of any time differences if you are registering from QLD, WA, SA, NT or from outside Australia.

Vikram N Misra
Barrister, Clarence Chambers

Vikram Misra was admitted as a solicitor in 2012 and called to the NSW Bar in 2015. He maintains a broad commercial practice and is regularly briefed in matters relating to property law, construction law and equity. Vikram has completed a Graduate Diploma in Taxation Law at the University of Sydney in 2015 and a Master of Laws majoring in construction law and contract law at the University of Melbourne in 2016. Vikram is also a contributing author to the Domestic Arbitration, International Arbitration, Security of Payment (NSW) and Security of Payment (SA) sections of the looseleaf, ‘Commercial Arbitration Law and Practice Service” for Thomson Reuters. Vikram is currently a casual academic at Western Sydney University in the subject "Building Law".

Please be aware that this webinar organised by the College of Law may be recorded for use on our websites, marketing materials and publications. By attending and participating in a College of Law Continuing Professional Development course, you consent to the College of Law photographing or recording and using your image and likeness and/or voice.