Where a caveat is defective in form but the caveator has demonstrated a serious question to be tried as to a caveatable interest, the court may decline to extend the defective caveat but instead grant an injunction under s 138C(2)(a)(iii) of the Transfer of Land Act 1893 (WA) to protect the claimed interest pending trial. The principles of 'serious question to be tried' and 'balance of convenience' developed under s 138 apply equally to applications under s 138C. Labour contributions to the renovation of a home occupied by parties in a de facto relationship may be sufficient to give rise to a constructive trust based on unconscionability, creating a caveatable interest.
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