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Caveat removal

A deregistered company has a caveat over your property.

A company that holds a caveat over property (the caveator) can be deregistered without the caveat being withdrawn. A caveat over property may prevent the property owner from dealing with the property, including selling it.

When will ASIC consider an application to withdraw a caveat?

ASIC may – but is not obliged to – complete an outstanding obligation on behalf of a deregistered company and withdraw a caveat in favour of a deregistered company.

Generally ASIC will consider an application to execute a withdrawal of caveat where:

  1. the obligation secured by the caveat (e.g. money owed) was satisfied before the deregistration of the caveator and
  2. the alternative remedies are not available to you.

If there are still outstanding obligations secured by the caveat, please contact ASIC's Property Law Team via email to determine what options may be available to you.

Alternative remedies you must try before applying to ASIC

How to apply to ASIC for a withdrawal of caveat

If the alternative remedies outlined above are not available to you then you may wish to apply to ASIC's Property Law Team for a withdrawal of caveat.

You will also need to complete the following indemnity. 

More information

This is only a general guide as to ASIC's approach to the property and rights that pass to ASIC and the Commonwealth on deregistration of a company. This document does not represent legal advice and should not be interpreted as such. Each application or enquiry will be considered on its facts and decided on its individual merits, based on all the information available to ASIC at the time. We encourage you to seek your own professional advice to find out how the law applying to deregistered companies affects your individual circumstances.