Intersection of Family Law and Caveat Systems

Project No. 107

Commenced: 2016

Completed: 2017

Terms of Reference

The Law Reform Commission of Western Australia is to examine and report upon the caveat system in relation to de facto and marital breakdowns giving consideration to:

1. the inter-relationship of the right to lodge a caveat over land and the Family Court Act 1997 (WA) and the Family Law Act 1975 (Cth); and
2. the submission of the Family Law Practitioners' Association of Western Australia (Inc.) titled: "Submission to the Attorney General for the State of Western Australia in relation to issues at the intersection of family law and caveat systems"; and
3. the amendments proposed in that submission; namely

a) the creation of a right for a party to lodge a caveat over land owned by a former spouse following a relationship breakdown and pending resolution of matters between the former spouses by way of Family Court order or

otherwise; and

b) the conferral of power on the Family Court of Western Australia to make an order extending the operation of a caveat where the caveator and the registered proprietor are former spouses who are already parties to a case before the Family Court of Western Australia.

And to recommend whether any legislative or other changes should be enacted or implemented.

Outcomes

The Final Report for this project was tabled in Parliament on 10 October 2017.