The Emergence of the jurisdiction to grant mere declaratory relief in New South Wales

Prior to the latter third of the twentieth century, the jurisdiction to grant mere declaratory relief in New South Wales was one which was not embraced by the courts, despite various legislative invitations to do so. A principal factor underpinning this approach was the fact that New South Wales had not, at that time, adopted the judicature system. However, following legislative reforms in 1965, some judges accepted that the Equity Court had jurisdiction to grant mere declaratory relief. What had previously been viewed as jurisdictional barriers to mere declaratory relief were now seen as merely discretionary factors to be taken into account in determining whether such relief should be granted. This approach received the imprimatur of the High Court in Forster v Jododox in 1972 and is the almost universally accepted interpretation of the Supreme Court’s jurisdiction following the introduction of the judicature system in that year.