Land Titles Amendment Act 2012 (TAS)

This appeal involves a dispute over the validity of a caveat lodged by the second respondent over certain land owned by the appellant and registered in the name of the first respondent. The primary question before the court was whether the caveat was validly lodged, specifically whether the notice of the caveat published in a newspaper was sufficient under the applicable statutory provisions. The court examined the relevant sections of the Land Titles Act 1980, including those concerning the lodging of caveats and the requirements for publication notices. It considered whether the notice published in an electronic newspaper complied with the statutory requirement for publication in a "newspaper published, and circulating generally, in Tasmania." The court also addressed whether the electronic form of publication met the standard of being "available in the locality in which the relevant land is situated." Ultimately, the court found that the electronic publication did not satisfy the statutory requirement for a physical newspaper circulating in the locality, rendering the caveat invalid.

The final orders of the court were that the appeal be allowed, the orders of the Primary Judge be set aside, and the matter be remitted to the Primary Judge to enter orders dismissing the second respondent's caveat as invalid.