AustLII Tasmanian Consolidated Acts

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SUPREME COURT CIVIL PROCEDURE ACT 1932 - SECT 57

Actions to recover or protect property subject to trust for charity

(1)  Except in cases where it is otherwise provided (either expressly or by implication) by some other statute (whether passed before or after the commencement of this Act), or where some special provision is made by some other statute (whether passed before or after the commencement of this Act), every action to recover or protect any property subject to 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 or by and in the name of any person or public officer in whom such property is vested subject to such trust, and not otherwise.
(2)  Except in cases where it is otherwise provided (either expressly or by implication) by some other statute (whether passed before or after the commencement of this Act), or where some special provision is made by some other statute (whether passed before or after the commencement of this Act), every action to restrain or remedy any abuse or misapplication or illegal administration of any property subject to any charitable trust shall be instituted by and in the name of the Attorney-General, or by some person or public officer as relator in the name of the Attorney-General, or by and in the name of some person interested in the administration of the trust, and not otherwise.
(3)  Subject to the Rules of Court every such action which is instituted by and in the name of the Attorney-General or by some person as relator in the name of the Attorney-General, shall be instituted and prosecuted in the same form and manner as an action between subject and subject, and not otherwise.
(4)  In any case in which any such action as is mentioned in subsection (1) is instituted by and in the name of any person or public officer in whom the property subject to the trust is vested, or in which any such action as is mentioned in subsection (2) is instituted by and in the name of some person interested in the administration of the trust, the Attorney-General shall be made a defendant to the action.



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