Declaratory Relief

In some cases the parties will want to seek declarations as to their rights, the meaning of a law or their duties and interests especially where a dispute has arisen. This is usually done by approaching the Supreme Court of NSW (Equity Division) by way of Summons (or Statement of Claim in some cases) together with an affidavit in support. If a declaration is obtained it puts the issue beyond dispute.

Examples of Declarations

Declarations as to rights are sought in a multitude of cases. Here are some examples:-

• When parties seek declarations as to the construction of a contract (i.e. its meaning) because there is a dispute and the uncertainty needs to be resolved;
• In the conveyancing context a party might seek a declaration as to whether there is or is not a contract in existence between the parties which can be coupled with consequential orders for specific performance (where there is a contract) or perhaps a refund of the deposit (where there is no contract) under s 55 of the Conveyancing Act;
• Etc.

Many of these applications are brought in the Supreme Court or perhaps in other courts where there is specific statutory jurisdiction. For instance the Competition and Consumer Legislation provides statutory jurisdiction for the making of declarations in respect of matters to which it applies.

Let us help you:-

• understand who will bear the onus of proving the facts justifying its giving.
• know the impact that a declaration has on your case;
• appreciate the types of cases where this form of relief could be appropriate;
• know in advance the criteria and considerations the court will look at including matters such as whether there is a real and existing controversy, and whether the making of a declaration will have some utility.
• draft the form of the declaration, which will usually be by summons, unless it is appropriate for us to brief Counsel to do that for you.