Amendment to originating motion seeking declarations and joinder
Whether proposed declarations concern general normative rules, abstract advice and factual matters
Function of declaratory relief and power of Court to make declarations
Quick Take
1Declaratory relief must be directed to the determination of legal controversies based on concrete facts, not to establishing general normative rules, providing abstract advisory opinions, or declaring matters of primary fact that merely support the right asserted — declarations are made of the right involved, not of the various underlying factual matters.
2Section 39 of the Charter of Human Rights and Responsibilities Act 2006 (Vic) requires that relief for breach of the Charter be anchored to an entitlement to relief on a basis 'otherwise than because of the Charter'; a claim seeking relief solely for breach of the Charter is not maintainable.
3While courts must be cautious about permitting 'rolling' judicial review through successive amendments, at an early procedural stage where no responsive evidence has been filed, amendments joining a new defendant arising from related conduct may be permitted, particularly where the applicant is self-represented and the issues are sufficiently clear in broad terms.
