This much discussed topic has been the subject of numerous authorities over the years, many of them well established.

Caveats are lodged all the time claiming a caveatable interest in unit trust property by unit holders and trust beneficiaries. This may be because the terms of the trust deed are silent on the question, the trust deed provisions are unclear, the authorities are nuanced, or perhaps the relevant practitioner was simply unclear on the law.

In this article, I’ll take you through CPT as well as the key state-based authorities which set out the main principles. Whether you’re applying to remove a caveat or resisting a removal application, there are good arguments both ways. I’ve set out this article to offer something for each position.