VIC Caveat served, now backtracking and wanting a sit down for resolution

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Will Fight

Member
27 September 2017
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1
Hi, I had a caveat served on my property as part of an ongoing dispute with a large conglomerate. Despite my best efforts to segregate the dispute from other trading matters they have duck shoved for the best part of a year. I ended up not responding due to the countless times I had to rehash our issues with different accounts members.
Upon it escalating from the company we deal with, to the next larger company who overseas the under and then again to the companies head of these groups it became very clear that they would use standover tactics- who really wants to take on a multinational.
However I have forwarded evidence to substantiate our claim to them, after reviewing it they have somewhat agreed that it had gone to far and have called for the original company to make contact and have a sit down to resolve and come to some form of settlement offer... again stating that they are still in the right.
The result of the witch hunt has cause major strain on not only myself but has caused damage beyond repair to my marriage.
Though I have legal representation if required i really just want it resolved so I can move on and try to fix the damages done as a result of the ongoing stressors.
The caveat was lodged under an old sole trade abn we once ran by, the dispute is part of business done under our Pty.
The caveat has been lodged on land that was once a single title, since conducting business over the years we have subdivided the property so the original title is different to current, yet they lodged on current. They are holding the fact that we conducted business under sole trader and it hasn't been adjusted to our Pty, hence their right to caveat, if that's the case do they have the right to caveat a property in current form or as it stood at commencement of trading... I.e they are using history to lodge against us yet using current titles to make their claim.
It's a fairly complex case I'm sure, should I attend the meeting or seek further legal advice.
They want to come to a swift resolution.. have they lodged a caveat without reasonable claim? Should I seek compensation as such for doing so?
 

Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
You say the matter is complex and this makes it next to impossible to say with any kind of certainty whether their lodgement of a caveat is reasonable.

This is a question for your lawyer to answer. If their claim against you does not create a caveatable interest then they are in the wrong and you can apply to the supreme court to have it removed and claim costs for doing so. A demand letter from your lawyer to them would be the first step in getting the caveat removed.

As the caveat is but one issue in a larger matter, it may pay to settle all issues and if resolved they'll then remove the caveat without effort from you. If negotiation can't resolve the matter talk to your lawyer about undertaking mediation as an alternative to court. If it was me I'd be taking my lawyer to the mediation sessions so you don't concede rights you do have.
 

Kevin.bond

Active Member
24 January 2018
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0
31
Absolutely go through your lawyer for all medications. They can be penalised for placing a caveat if they dont have a interest.