Horleck and Anor and Horleck

In the matter of *Horleck and Anor and Horleck*, Forrest J of the Supreme Court of Queensland was required to determine the appropriate orders concerning the removal of caveats registered by Ms Horleck over several properties. The dispute arose in circumstances where Mr Horleck and Ms Lyman-Horleck sought to refinance existing debts secured against these properties, but the registration of caveats by Ms Horleck presented an impediment to this process.

The central legal issue before the Court was how to facilitate the refinancing of the properties while providing adequate security or undertakings to Ms Horleck. This involved balancing the interests of the parties in relation to the registered ownership and encumbrances on the properties, and ensuring that any refinancing did not prejudice Ms Horleck's position.

Forrest J ordered that upon the filing of personal undertakings by Mr Horleck and Ms Lyman-Horleck, Ms Horleck was to take all necessary steps to remove the caveats she had registered over six specified properties. These undertakings were to be in terms set out in specific documents, and the filing was to be verified by email from the Judge's Associate. Ms Horleck was also to advise Mr Horleck and Ms Lyman-Horleck by email once she considered all steps for caveat removal had been taken. Furthermore, both Mr Horleck and Ms Lyman-Horleck were required to provide Ms Horleck with copies of all documentation obtained from mortgagees verifying that any refinancing was solely for the purpose of replacing existing debt, not increasing it.