Re Dg and the Adoption ACT 2000

(2007) 244 ALR 195; [2007] NSWCA 241

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Appeal
2. › Appeal as of right
3. › Monetary threshold
4. › Non-monetary issues
5. › Whether appeal not involving money or property lies as of right
6. › Supreme Court Act 1970 (NSW), s 101(2)(r)
1. Adoption
2. › Adoption of adult
3. › By step-parent
4. › Requirement to have lived with child immediately before application
5. › Whether requirement precluded adoption of adult no longer living with applicants
6. › Adoption Act 2000 (NSW), ss 28, 30
1. Statutes
2. › Construction
3. › Implication of words
4. › Three conditions for implying words into a statute
5. › Whether conditions satisfied to imply words into s 30(b) of the Adoption Act 2000 (NSW)

Quick Take

Section 30(b) of the Adoption Act 2000 (NSW) requires the step-parent to have lived with the child and the birth parent for a continuous period of not less than three years immediately before the application, which effectively precludes step-parent adoption of adults who no longer live with the applicants. An appeal that does not involve money or property does not satisfy the monetary threshold in s 101(2)(r) of the Supreme Court Act 1970 (NSW) and requires leave.