AustLII Tasmanian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPREME COURT CIVIL PROCEDURE ACT 1932 - SECT 56

Actions to establish trust for charity generally

(1)  Subject to the provisions of subsection (3) , every action for a declaration that any property is subject to, or for any judgment or order to establish or enforce the execution of, a trust for charity generally, or for any particular charity which cannot be represented, or properly represented, in such action, shall be instituted by and in the name of the Attorney-General, or by some person as relator in the name of the Attorney-General, and not otherwise.
(2)  Subject to the Rules of Court , every such action shall be instituted and prosecuted in the same form and manner as an action between subject and subject, and not otherwise.
(3)  But nothing in this section shall operate to preclude any person otherwise entitled so to do from instituting in his or its name any action or any other original proceeding, authorized by any statute or the Rules of Court , for the administration of the estate of any deceased person, or for the administration or execution of any trust, or for the determination of any question or matter arising in the administration of the estate of a deceased person, or in the administration or execution of any trust, notwithstanding that such action or other original proceeding seeks or involves the determination of the question, whether the object or purpose of any disposition is charitable, or of the question whether any property which is a subject of the action or other original proceeding is or is not subject to any trust for charity, or seeks or involves the administration or execution of any trust for charity; but, in any case in which the action or other original proceeding seeks or involves the determination of the question whether the object or purpose of any disposition is charitable, or whether property which is a subject of the action or other original proceeding is or is not subject to a trust for, or seeks or involves the administration or execution of a trust for, charity generally, or any particular charity, which is not or cannot be represented, or properly represented, in the action or other original proceeding, the Attorney-General shall be made a defendant to the action or other original proceeding.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]