STATUTORY RULES
1966. No. 132
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Rules of Court*
(As of Wednesday, the 24th day of August, 1966)
PURSUANT to the Australian Capital Territory Supreme Court Act 1933-1966, IT IS ORDERED that, on the date of commencement of the Adoption of Children Ordinance 1965, the following Rules of Court, amending the Rules of the Supreme Court of the Australian Capital Territory,† shall come into operation:—
Table.
1. The table of Orders appearing immediately before Part 1 is amended by inserting at the end thereof the words and figures—
“PART 7.—ADOPTION OF CHILDREN.
Order 76.—I.—Preliminary.
II.—Applications for Adoption Orders and for the Discharge of Adoption Orders.
III.—Consents.
IV.—Adoption Orders and Interim Orders.
V.—Miscellaneous.”.
Parts.
2. Rule 3 of Order 1 is amended by adding at the end thereof the words and figure—
“Part 7.—Adoption of Children.”.
3. After Part 6 the following Part is inserted:—
“PART 7.—ADOPTION OF CHILDREN.
“ORDER 76.
“I.—Preliminary.
Interpretation.
“1.—(1.) In this Part, unless the contrary intention appears—
‘adoption order’ includes an interim order;
‘the Ordinance’ means the Adoption of Children Ordinance 1965;
‘the Register of Births’ means the Register of Births kept under the Registration of Births, Deaths and Marriages Ordinance 1963.
“(2.) An expression used in this Part, not being an expression defined in the last preceding sub-rule or in rule 4 of Order 1 of these Rules, has, unless the contrary intention appears, the same meaning as in the Ordinance.
Forms.
“2.—(1.) A reference in this Part to a form by number shall be read as a reference to the form so numbered in the Eighth Schedule.
“(2.) Strict compliance with a Form in the Eighth Schedule is not necessary and substantial compliance is sufficient.
“(3.) A Form shall be completed in accordance with any directions contained in that Form.
* Notified in the Commonwealth Gazette on 22 September, 1966
† Statutory Rules No. 85, 1937, as amended by Statutory Rules No. 99, 1938; Nos. 48 and 61, 1939; No. 22, 1950; No. 135, 1956; No. 64. 1958; and Nos. 47 and 76, 1962
13/65—Price 15c (1s. 6d.)
“(4.) Where the citation of the Ordinance is subsequently altered, the citation as altered may be substituted for the citation of that Ordinance in a Form.
“II.—Applications for Adoption Orders and for the Discharge of Adoption Orders.
Application for adoption order under the Ordinance.
“3.—(1.) An application for an adoption order shall be in accordance with Form 1.
“(2.) An application for an adoption order may be made by the Director, or the principal officer of a private adoption agency, on behalf of the persons seeking the adoption order.
Notice of application for adoption order.
“4.—Where an application for an adoption order is made by persons other than the Director or the principal officer of a private adoption agency, the applicants shall give not less than fourteen days’ notice of the application to the Director.
“(2.) A notice of an application for an adoption order shall be in accordance with Form 2.
Affidavit in support of application.
“5.—(1.) An applicant for an adoption order shall file with the application an affidavit by the applicant stating—
(a) the applicant’s full name, usual place of residence, occupation, domicile, marital status, age, place of birth, information as to the applicant’s state of health and particulars of the applicant’s financial circumstances;
(b) the sex, date of birth and state of health, or, if deceased, the date of death, of any child (whether natural or adopted) of the applicant and, where the applicant is married, the likelihood of any children being born to him in the future;
(c) the relationship (if any) of the child sought to be adopted to the applicant and the period (if any) that the child has been living with the applicant;
(d) the amount and nature of any payment or reward in connexion with the proposed adoption that the applicant has made, given, received or agreed to make, give or receive;
(e) whether the applicant has ever been refused an adoption order or whether an adoption order in his favour has been discharged under the Ordinance; and
(f) the forenames to be given to the child sought to be adopted
“(2.) Where an application for an adoption order is made by a husband and wife, the affidavit under the last preceding sub-rule may be made by them jointly as if the reference in that sub-rule to the applicant were a reference to each of the applicants.
“(3.) Where an application for an adoption order is not made by the Director or the principal officer of a private adoption agency, the applicant shall give a copy of his affidavit with the notice of the application to the Director.
Documents to be filed.
“6.—(1.) Subject to this rule, where the applicants for an adoption order are husband and wife, they shall file with the application a certificate or record of their marriage.
“(2.) If it is impracticable to obtain a certificate or record of their marriage, the applicants shall state in the affidavit made under the last preceding rule the reasons why it is so impracticable and shall set out in the affidavit details of the date and place of their marriage and the full maiden name of the wife.
“(3.) Subject to the next succeeding sub-rule, the applicants shall file with the application—
(a) a certificate or record of the birth of the child; and
(b) the instrument of consent to the adoption of the child.
“(4.) Where the application for an adoption order is made by the Director or the principal officer of a private adoption agency and it is impracticable to obtain a certificate or record of the birth of a child sought to be adopted, the Director or principal officer shall, in his report under section 19 of the Ordinance, state the reasons why it is so impracticable.
“(5.) If a certificate or record filed under this rule is not written in the English language, a translation, in the English language, of the certificate or record shall also be filed at the same time.
“(6.) A translation of a certificate or record filed under this rule shall be verified as a translation by the person who made the translation by an affidavit in which he also states that he is competent to make a translation of the certificate or record.
“(7.) In this rule, a reference to a certificate or record is a reference to—
(a) an original certificate or record;
(b) a copy or photographic representation of an original certificate or record or of an entry in an official register, being a true copy or representation certified as a true copy or photographic representation by a person having the custody of the certificate or record, or of the register containing the entry, of which it purports to be a true copy or photographic representation; or
(c) an extract from a record entered in an official register being an extract issued under the Convention Concerning the Issue of Certain Extracts from Civil Status Records to be sent Abroad signed at Paris on the twenty-seventh day of September, 1956.
Entering an appearance opposing an application for adoption.
“7.—(1.) If a person to whom a notice of an application for an adoption order is given intends to oppose the application, that person shall—
(a) enter an appearance by filing with the Court a notice of appearance in accordance with Form 3 within ten days after the date of service on him of the notice of the application; and
(b) as soon as practicable after entering the appearance, give a copy of his notice of appearance to the applicants, their solicitors, the Director, or the principal officer of the adoption agency arranging the adoption, as the case may be.
“(2.) Where a notice of an application is served on the Director under rule 4 of this Order, the Director may oppose the application by—
(a) entering an appearance by filing with the Court a notice of appearance in accordance with Form 3 within ten days after the date of service on him of the notice of the application; and
(b) as soon as practicable after entering the appearance, giving a copy of his notice of appearance to each person to whom notice of the application is required to be given under section 20 of the Ordinance.
Application for the discharge of an adoption order or of an interim order.
“8.—(1.) An application for the discharge of an adoption order or for an order discharging an interim order shall be in accordance with Form 4.
“(2.) An application for an order discharging an adoption order or for an order discharging an interim order shall be supported by an affidavit of the Director or the Attorney-General setting out the grounds that he alleges will justify the making of the discharging order.
“(3.) Where it appears to the Court in the interests of justice so to do, the Court may direct that notice of an application for the discharge of an adoption order be given to any person.
“(4.) A notice of an application for the discharge of an adoption order shall be in accordance with Form 5.
“(5.) The person serving a notice of an application for the discharge of an adoption order shall serve a copy of the affidavit under sub-rule (2.) of this rule with the notice.
Application to be heard generally on affidavit.
“9.—(1.) Subject to this rule, an application for an adoption order or for the discharge of an adoption order, shall be heard on evidence on affidavit.
“(2.) Any of the parties to proceedings on an application for an adoption order or for the discharge of an adoption order may, after giving two clear days’ notice to other parties, apply to the Court to have an application under the Ordinance heard upon oral evidence.
“(3.) The Court may, at the hearing of an application for an adoption order or for the discharge of an adoption order, or upon the previous application of a party to the proceedings given in accordance with the last preceding sub-rule, direct that the application for the adoption order or for the discharge of the adoption order shall be heard upon oral evidence, or partly upon oral evidence and partly upon evidence on affidavit, and may make all orders necessary for the carrying out of that direction.
Service of notice of application.
“10.—(1.) Subject to the next succeeding sub-rule, a notice of an application for an adoption order or for the discharge of an adoption order shall be served on a person by delivering a copy of the notice of application to the person personally.
“(2.) If the Registrar, upon application made ex parte by or on behalf of the applicants for the adoption order or for the discharge of an adoption order, is satisfied that it is not reasonably practicable for the applicants to effect service of the notice of their application as provided by the last preceding sub-rule, the Registrar may order that service of the notice of
the application be effected in a manner specified in the order or that the giving of notice of the application and of its effect by advertisement or otherwise, as specified in the order, be substituted for service of the notice of the application.
“(3.) Where an order has been made under the last preceding sub-rule in relation to service of a notice of an application on a person, compliance with the order shall, notwithstanding any other provision of this Part, be deemed to be due service of the notice on the person.
“(4.) Where service of a notice of an application is effected on a person in the manner referred to in sub-rule (1.) of this rule or personal service is ordered under sub-rule (2.) of this rule, the due service of the notice shall be proved by affidavit, in accordance with Form 6, by the person who served the notice.
“(5.) Where service of a notice of an application is effected in a manner ordered under sub-rule (2.) of this rule other than by personal service, the due service of the notice in that manner shall be proved by affidavit by the person who served the notice.
“III.—Consents.
Verification by affidavit.
“11. A consent to the adoption of a child under the Ordinance shall be verified by the affidavit of the witness who shall state in the affidavit that—
(a) the effect of giving consent was explained by him to the person giving the consent; and
(b) it appeared to the witness that the person giving the consent understood the matter contained in the instrument of consent and the effect of signing the instrument.
“IV.—Adoption Orders and Interim Orders.
Form of adoption order.
“12. An adoption order under the Ordinance shall be in accordance with Form 7.
Form of interim order.
“13. An interim order under Division 4 of Part IV. of the Ordinance shall be in accordance with Form 8.
Order not available to parties.
“14. Except as provided by the Court, an adoption order or a copy of an adoption order shall not be made available to or for inspection by any person, including a party to the proceedings.
“V.—Miscellaneous.
Applications to be heard in Chambers.
“15. Unless the Court otherwise orders, an application under the Ordinance shall be heard in Chambers.
Supreme Court may adjourn, &c., proceedings.
“16.—(1.) Upon application by a party to proceedings, the Court may—
(a) extend the time limited by this Part for the doing of an act or the taking of a step in the proceedings (whether or not that period has expired);
(b) adjourn any proceedings under the Ordinance; and
(c) give directions with respect to the proceedings.
“(2.) An extension of time may be granted subject to such conditions as the Court thinks fit.
“(3.) The costs of an application under this rule shall be borne by the applicant.
“(4.) An application under this rule may be made orally to the Court upon the hearing of the proceedings by the Court.
Applications may be made without notice.
“17. An application under the Ordinance or this Part to the Court may, except where otherwise provided, be made upon motion without notice unless the Court otherwise orders.
Fee for filing application.
“18.—(1.) A fee of Five dollars is payable upon the filing of an application for an adoption order made by a person other than the Director.
“(2.) The Court or the Registrar of the Court may, in a particular case for special reasons, remit in whole or in part the fee payable under this rule.”.
Eighth Schedules
4. After the Seventh Schedule the following Schedule is inserted:—
EIGHTH SCHEDULE
Form 1
O.76 r.3
Australian Capital Territory
Adoption of Children Ordinance 1965
APPLICATION FOR ADOPTION ORDER
In the Supreme Court
of the Australian Capital Territory No. 19
In the matter of an application for the adoption of
Application is hereby made to the Supreme Court by (or on behalf of) the applicants (or applicant) referred to below for the adoption of the child whose particulars are set out below.
Particulars of the Applicant (s)
Adoptive father Adoptive mother
Full name
Occupation
Address
Date of birth
Relationship, if any, to the child
Particulars of the Child
Name in which the birth of the child is registered
Sex
Date of birth
Place of birth
Father’s full name
Mother’s full maiden name
Mother’s full name at the date of birth of the child
Dated this day of , 19
[Signature(s) of Director of Child Welfare, principal officer of private adoption agency, applicants(s) of solicitor(s) of applicant(s)]
Eighth Schedule—continued
Form 2
O.76 r.4
Australian Capital Territory
Adoption of Children Ordinance 1965
NOTICE OF APPLICATION FOR ADOPTION ORDER
In the Supreme Court
of the Australian Capital Territory No. 19
In the matter of an application for the adoption of
To [full name and address of person to whom notice is required to be given under section 20 of the Ordinance].
Take notice that an application for the adoption of [name in which the birth of the child to be adopted is registered] has been set down for hearing by the Supreme Court on (or for the sittings of the Supreme Court commencing on) the day of , 19 .
If you intend to oppose the application, you should enter an appearance and give notice of your appearance to the undersigned within ten days after service of this notice.
[Signature(s) of applicant(s)]
Form 3
O.76r.7
Australian Capital Territory
Adoption of Children Ordinance 1965
NOTICE OF APPEARANCE OPPOSING APPLICATION FOR ADOPTION ORDER
In the Supreme Court
of the Australian Capital Territory No. 19
In the matter of an application for the adoption of
Enter an appearance to the abovementioned application for [full name, address and occupation of person opposing the application] who appears in person (or by [full name and address of solicitor], solicitor(s) ).
The address for service is [full address of a place not more than three miles from the office of the Registrar of the Supreme Court].
Dated this day of , 19 .
[Signature (s) of person opposing the application or of solicitor(s)]
Form 4
O.76 r.8
Australian Capital Territory
Adoption of Children Ordinance 1965
APPLICATION FOR DISCHARGE OF ADOPTION ORDER OR INTERIM ORDER.
In the Supreme Court
of the Australian Capital Territory No. 19
In the matter of the adoption of
by
Application is hereby made to the Supreme Court for the discharge of an order (or interim order) for the adoption of [name of child] made by [description of court making the adoption order or interim order] in favour of [full name and address of the applicant or of each of the applicants].
Dated this day of , 19 .
[Signature (s) of applicant (s)]
Eighth Schedule—continued
Form 5
O.76 r.11
Australian Capital Territory
Adoption of Children Ordinance 1965
NOTICE OF APPLICATION FOR DISCHARGE OF ADOPTION ORDER
In the Supreme Court
of the Australian Capital Territory No. 19
In the matter of the adoption of by
To [full name and address of person to whom notice is to be given].
Take notice that an application for the discharge of an order (or interim order) for the adoption of [name of child] made by [description of court making the adoption order or interim order] in favour of [full name and address of the applicant or of each of the applicants] has been set down for hearing by the Supreme Court on (or for the sittings of the Supreme Court commencing on) the day , 19 .
If you intend to oppose the application, you should enter an appearance and give notice of your appearance to the undersigned within ten days after service of this notice.
[Signature (s) of applicant(s)]
Form 6
O.76r.10(4.)
Australian Capital Territory
Adoption of Children Ordinance 1965
AFFIDAVIT OF PERSONAL SERVICE OF NOTICE OF APPLICATION FOR ADOPTION ORDER
In the Supreme Court
of the Australian Capital Territory No. 19
In the matter of an application for the adoption of
I [full name, address and occupation of deponent] make oath and say:
1. On the day of , 19 , I duly served with a copy of a notice of the abovementioned application by delivering it to that person personally at [address].
2. [Here set out the means by which the deponent identified the person served]
| [Signature of deponent] |
Before me:
[Signature and title of person before whom affidavit sworn]
Eighth Schedule—continued
Form 7
O.76 r.12
Australian Capital Territory
Adoption of Children Ordinance 1965
ADOPTION ORDER
In the Supreme Court
of the Australian Capital Territory No. 19
In the matter of an application for the adoption of
Upon an application made to this Court by (or on behalf of) [full name, address and occupation of the applicant or of each of the applicants] for an order for the adoption of [name in which the birth of the child to be adopted is registered], this Court orders—
1. That this child hereby becomes the adopted child of the applicant (or applicants) and shall henceforth bear the name of .
2. [Here set out any further orders relating to costs or authorization of a payment or reward]
Dated this day of , 19
By the Supreme Court,
Registrar
Form 8
O.76r.13
Australian Capital Territory
Adoption of Children Ordinance 1965
INTERIM ORDER
In the Supreme Court
of the Australian Capital Territory No. 19
In the matter of an application for the adoption of
Whereas an application has been made to this Court by (or on behalf of) [full name, address and occupation of the applicant or of each of the applicants] for an order for the adoption of [name in which the birth of the child to be adopted is registered]:
And whereas this Court is satisfied that it could lawfully make an order for the adoption of that child by the applicant (or applicants):
This Court therefore orders—
1. That the determination of the application be postponed until the day of , 19 .
2. That the applicant (or applicants) have the care and custody of that child until that date.
3. [Here set out any further orders relating to the maintenance, education and welfare of the child, costs or authorization of a payment or reward]
Dated this day of , 19 .
By the Supreme Court,
Registrar
P. E. JOSKE
Judge of the Supreme Court of the Australian Capital Territory.
A. W. Wynne
Registrar.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra
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