Supreme Court Civil Procedure Act 1932
58Cases in which Attorney-General is required to be made a party or cited
Start here
Get a plain-English read of 58
Turn the raw legal text into a practical explanation grounded in Supreme Court Civil Procedure Act 1932.
58 Cases in which Attorney-General is required to be made a party or cited
(1) Subject to the provisions of subsection (4) , and of section 62 , and the Rules of Court , the Attorney-General shall be made a party to, or be cited to see proceedings in (according to the form of the proceeding), every original proceeding not instituted in his name –
(a) which is instituted for the purpose of obtaining probate, or the revocation of probate, of any will or instrument propounded as, or alleged to be, a will which contains any disposition in favour of, or which might operate in favour of, charity generally;
(b) which is instituted for the purpose of obtaining any judgment or order as to the validity of, or which would involve the determination of the question of the validity of, any will or instrument propounded as, or alleged to be, a will, or any deed or other instrument whatsoever, which contains any disposition in favour of, or which might operate in favour of, charity generally;
(c) which is instituted for the purpose of obtaining probate, or the revocation of probate, of any will or instrument propounded as, or alleged to be, a will which contains any disposition in favour of, or which might operate in favour of, any particular charity, if for any reason any such charity which might be affected by the proceeding cannot be represented or properly represented in the proceeding;
(d) which is instituted for the purpose of obtaining any judgment or order as to the validity of, or which would involve the determination of the question of the validity of, any will or instrument propounded as, or alleged to be, a will, or any deed or other instrument whatsoever which contains any disposition in favour of, or which might operate in favour of, any particular charity, if for any reason any such charity which might be affected by the proceeding cannot be represented or properly represented in the proceeding;
(e) which is instituted for the purpose of obtaining any judgment or order as to whether any devise, bequest, trust, gift, or other disposition purported to be made or created by any will, deed, or other instrument whatsoever, or any oral trust, in favour of charity generally, or of any particular charity, which cannot be represented or properly represented in the proceeding, is a valid disposition, or as to whether any property, the subject of any disposition for any charitable purpose is applicable , or for the purpose of obtaining any judgment or order as to the construction of, or which would involve the construction of, any devise, bequest, trust, gift, or other disposition made or created by any will, deed, or other instrument whatsoever, or any oral trust, and which devise, bequest, trust, gift, or other disposition operates or might operate in favour of charity generally;