200756 Study Guide - Final Guide: State Rail Authority, Res Judicata, Equitable Remedy

• School: UWS
• Department: University of Western Sydney
• Course: 200756
• Professor: John Juriansz

Document Summary

The order: an order, which pronounces with finality the existence or non-existence of legal rights or obligations concerning parties to a proceeding, nothing is created or invented by a declaration; intention is paramount. Declares once and for all legal or equitable conclusion from a determined state of facts. If there are deficiencies, court will not grant declaration as it cannot perfect the imperfect. Can be sought where other remedies are not, or not yet, available. It allows parties to access the court before a wrong has been committed: weakness: where defendant fails to respect the plaintiff"s rights even after declared by the court. Plaintiff then needs to bring further action to protect his or her interest, such as an action for damages or an injunction. Where a court anticipates a declaration will not fully resolve the dispute, it may be denied on that basis. 1: main advantages: flexibility and procedural simplicity (french j in perspectives on declaratory relief (2009).