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A declaratory order/decree

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dowhat? View Drop Down
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  Quote dowhat? Quote  Post ReplyReply Direct Link To This Post Topic: A declaratory order/decree
    Posted: 09/December/2012 at 18:16
I was wondering about declaratory orders/decrees/judgments and the procedure involved..

I have done some research and in the US there's a whole Act on Declatory Judgments, but I notice we don't have any such Acts...however taking into consideration section 31 of the Supreme Court Act SA 1935

SUPREME COURT ACT 1935 - SECT 31

31— Declaratory orders

No action or proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the court shall have power to make binding declarations of right whether any consequential relief is or could be claimed or not.


My question is, if I wanted to seek a declaration order/decree of right of an equitable right to certain property the subject of an express trust, and to establish and validate the equitable rights and the corresponding duties and validate the trust, what forms, process and procedure would one use to initiate this action?

Please understand this is hypothetical.

dowhat? View Drop Down
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  Quote dowhat? Quote  Post ReplyReply Direct Link To This Post Posted: 20/December/2012 at 16:46
No one want to take a stab at my question?

I actually wanted to further the question with the following?

"Can one seek a declaratory decree on just equitable rights?"

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 20/December/2012 at 17:19
I'd love to answer you question, but I have no idea what you are talking about.

Is this homework?
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

dowhat? View Drop Down
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  Quote dowhat? Quote  Post ReplyReply Direct Link To This Post Posted: 20/December/2012 at 17:51
lol...no it is not homework...i am a self researcher with no commercial interests whatsoever in what I am learning/researching...

A declaratory order/decree...my first question was based on procedure, i.e., what is the exact procedure to seek a declaratory decree in Supreme Court, or, put another way, does it differ from any other type of initiating process?

second question, can one seek a declaratory decree for the validation of purely equitable rights?

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