In the world of Melbourne property investment, management and maintenance you will often run into important legal terms like Priority Notice or Caveat.
These tools are both vital in the dealings of property transactions, with each serving a unique purpose in the protection of your investments. Whether new to the industry or a seasoned hand, fully understanding the principles of Priority Notice and Caveat is therefore essential. That’s where this blog can help! Together, we’ll explore the key differences between a Priority Notice and a Caveat, including exploring each tool’s unique role in safeguarding the interests of your property dealings.
What Is a Priority Notice - Understanding Legal Interest
- Introduced into the Real Property Act in 2016, Priority Notices are legal documents lodged via the Electronic Lodgement Network Operator (ELNO) that protect proposed or intended dealings with a land title. They act as a temporary order of prevention against any other dealings over the land, ensuring they cannot be registered against the title until your intended transaction is completed.
Priority Notices are commonly used in property transactions to preserve the priority of a specific dealing, such as a transfer or mortgage.
Key features of a Priority Notice include:
- Purpose: Protects an intended landing dealing until it is registered.
- Duration: Typically valid for 60 days, with an option to extend by 30 days.
- Lodgment: Lodged electronically through platforms like PEXA.
- Protection: Prevents the registration of subsequent dealings that might affect the ongoing lodement. Put simply, a lodged priority notice makes sure your deal comes first.
A Priority Notice can be lodged by an incoming mortgagee to ensure their interest is registered first in the event of settlement delays.
What Is a Caveat?
Caveat‘s are a formal notice lodged with the Land Registry to claim interest in a property. Unlike a Priority Notice, a Caveat does not protect an intended dealing but rather safeguards an existing equitable interest. It acts as a warning to other parties that the caveator has a legitimate claim over the property.
Key features of a Caveat include:
- Purpose: Protects a caveatable interest, such as an unregistered mortgage or equitable interest.
- Lodgment: Can be lodged by anyone with a legal or equitable interest in the property.
- Impact: Prevents other dealings from being registered without the caveator’s consent.
- Duration: Remains effective until it is withdrawn, lapses, or is removed by a court order.
An example of a Caveat would be a purchaser who has paid a deposit and wants to protect their interest before settlement.
Key Differences Between Priority Notices and Caveats

When Should You Use a Priority Notice or Caveat?
- Priority Notice: Ideal for protecting proposed dealings, such as a transfer of title or mortgage, especially in electronic conveyancing. For instance, if you are the lodging party for a settlement, a Priority Notice can help secure your position in the queue of land dealings.
- Caveat: Essential when there is an existing interest in the property. This includes scenarios like a purchaser wishing to protect their deposit or a registered proprietor preventing unauthorized dealings.
The Role of Legal Practitioner
Navigating property transactions can be complex, particularly when deciding between a Priority Notice and a Caveat. Engaging experienced practitioners is crucial to ensure your legal interests are protected. They can help determine which document type is appropriate for your circumstances and ensure accurate lodgment through the electronic lodgment network or paper channels.
Practical Examples - Intended Dealing
- Priority Notice Example: A purchaser lodges a Priority Notice to secure their intended transfer of title before settlement. This ensures no subsequent dealings can interfere with the transfer.
- Caveat Example: A contractor who has performed work on a property lodges a Caveat to claim payment under an unregistered agreement.

Further Information
For more details on Priority Notices, Caveats, or other property-related transactions, visit our website or contact Haitch Conveyancing. Our team of expert legal practitioners is here to assist you in protecting your property interests with confidence.
By understanding the distinctions between Priority Notices and Caveats, you can better navigate property transactions and safeguard your interests effectively. Contact Haitch Conveyancing today for tailored advice and support.
If you’re buying property, Haitch Convey’s skilled conveyancers will ensure your off the plan property purchases go smoothly, helping you navigate the legal complexities and avoid common pitfalls. Our dedicated property lawyers will be happy to assist you in making an educated decision about off-the-plan purchases.
Yes, it is possible. However, they serve different purposes and must align with the land registry rules.
A Priority Notice expires automatically after its duration. A Caveat must be withdrawn by the caveator, or it can lapse or be removed through a court order.
Yes, the fees differ and depend on whether the lodgment is through electronic conveyancing or paper conveyancing.