Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) A person who alleges that a personal relationship exists or existed between the person and another person or between 2 persons may apply to the Supreme Court for a declaration as to the existence of a personal relationship between the persons.
(2) If it is proved to the satisfaction of the Supreme Court that a personal relationship exists or existed, the Supreme Court may make a declaration, that has effect as a judgment of the Court, that persons named in the declaration have or had a personal relationship, whether or not any of those persons are alive.
(3) If the Supreme Court makes a declaration, it is to state in its declaration either or both of the following:
(a) that the personal relationship existed as at a date specified in the declaration;
(b) that the personal relationship existed between the dates specified in the declaration.
(4) While a declaration remains in force, the persons named in the declaration are presumed conclusively for all purposes to have had a personal relationship as at the date, or between the dates, specified in the declaration.
(5) The Supreme Court may make an order annulling a declaration on the application of any person who applied or could have applied for the making of a declaration, or who is affected by a declaration, if it appears to the Supreme Court that new facts or circumstances have arisen that were not previously disclosed to it and could not by the exercise of reasonable diligence have previously been disclosed to it.
(6) An order annulling a declaration does not affect anything done in reliance on the declaration before the making of the order.
(7) If any person whose interest, in the opinion of the Supreme Court, may be affected by a declaration under subsection (2) or an order under subsection (5) is not present or represented and has not been given an opportunity to be present or represented at the hearing of the application, the Supreme Court may adjourn the hearing so that the person is given an opportunity to be present or represented.
(8) The Supreme Court, in making an order under subsection (5), may make any ancillary orders necessary to place as far as practicable any person affected by the order in the same position as that person would have been in if a declaration under subsection (2) had not been made.