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Vol 23 No 2 Feb/March 2018

Book of the Month

Cover of The UK Supreme Court Yearbook Volume 8: 2016-2017 Legal Year

The UK Supreme Court Yearbook Volume 8: 2016-2017 Legal Year

Edited by: Daniel Clarry
Price: £120.00

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Perspectives on Declaratory Relief

Edited by: Kanga Dharmananda, Anthony Papamatheos

ISBN13: 9781862877269
Published: August 2009
Publisher: The Federation Press
Country of Publication: Australia
Format: Hardback
Price: £110.00

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In Sankey v Whitlam (1978) 142 CLR 1 at 25, Gibbs ACJ remarked that: "The power to make declaratory orders has proved to be a valuable addition to the armoury of the law."

Declaratory proceedings are practical and remain one of the most popular remedies in both civil, commercial and public law litigation. In the past few years, the declaration was the remedy sought in a number of high profile cases, including the constitutional challenge to the Workchoices legislation, the AWB privilege claims, the Channel 7 litigation and as to the status of certain proofs of debt in the Sons of Gwalia insolvency. But despite its regular and broad practical application, no Australian work on the subject has been published since 1984.

This book is a collection of papers by eminent Australian jurists on the law of, and major issues involved in obtaining, declaratory relief. They address major questions about declaratory relief, including the jurisdiction and power to award the remedy, its development, historical origins and the discretion vested in a court hearing an action for declaratory relief. It also addresses practical aspects such as the form or terms of the declaration to be ordered and provides some precedents.

Other Jurisdictions , Legal Practice Management, Australia
Foreword by The Hon Justice Peter Young AO (Chief Judge in Equity, Supreme Court of New South Wales)
1. Introduction, Kanaga Dharmananda (Barrister) and Anthony Papamatheos (Solicitor)
2. Declaratory relief since the 1970s, The Hon Chief Justice Wayne Martin (Supreme Court of Western Australia)
3. Declarations: Homer SimpsonaaC--a s Remedy aaC--" Is there anything they cannot do? The Hon Chief Justice Robert French (High Court of Australia)
4. The history of declaratory relief aaC--" a distinct remedy beyond equitable affiliations, The Hon Justice Eric Heenan (Supreme Court of Western Australia)
5. Commentary, The Hon Justice Neil McKerracher (Federal Court of Australia)
6. The form and effect of declaratory relief and the negative declaration, The Hon Daryl Williams AM QC (Barrister)
7. What we mean by discretion and the place of discretion in declaratory relief, Grant Donaldson SC (Barrister)
8. Commentary, Richard Hooker (Barrister) 9 Staying declaratory relief, Jeremy Birch (Solicitor)
10. Declaratory relief aaC--" the same yesterday, today and tomorrow, The Hon Justice Michelle Gordon (Federal Court of Australia)