1Title
These Rules may be cited as the Local Court (Surrogacy)
Rules 2022.
These Rules may be cited as the Local Court (Surrogacy)
Rules 2022.
These Rules commence on the day that section 2 of the Surrogacy
Act 2022 commences.
In these Rules:
applicant means a person who is applying for a parentage order.
application means an application to the Court under the Surrogacy Act 2022.
approved means approved by the Chief Judge.
birth parent, see section 3 of the Surrogacy Act 2022.
child means a child born under a surrogacy arrangement.
intended parent, see section 3 of the Surrogacy Act 2022.
parentage order, see section 34 of the Surrogacy Act 2022.
partner, see section 3 of the Surrogacy Act 2022.
respondent means a person who is opposing the revocation of a parentage order.
surrogacy arrangement, see section 3 of the Surrogacy Act 2022.
surrogate mother, see section 3 of the Surrogacy Act 2022.
(2) Unless the context or subject matter otherwise indicates or requires, a word or expression used in the Local Court (Civil Jurisdiction) Rules 1998 has the same meaning in these Rules.
These Rules apply in relation to any proceeding in the Court under the Surrogacy Act 2022.
(1) The Court may adopt and apply, with the necessary changes, any relevant procedures, rules and forms observed and used in the Local Court (Civil Jurisdiction) Rules 1998 if the manner or form of the following is not prescribed by these Rules or by or under an Act:
the procedure for commencing or taking a step in proceedings;
(b) the procedure by which the jurisdiction, power or authority of the Court is to be exercised.
(2) An act done in accordance with an order made or direction given under subrule (1) is taken to be regular and sufficient.
The Court may dispense with compliance with these Rules either before or after the time for compliance arises.
Part 2 General matters
An application filed in the Court is taken to be made on the date of filing.
Notes for rule 7
1 An application for a parentage order under section 26 of the Surrogacy Act 2022 is made by the intended parent or intended parents of the child.
2 An application for revocation of a parentage order under section 40 of the Surrogacy Act
2022 may be made by the persons specified in that section.
The following must be in a form approved by the Chief Judge:
an application;
a response to an application;
an affidavit of service;
(d) a notice to the Registrar under section 46(2) of the Surrogacy Act 2022.
(1) All documents to be served under the Surrogacy Act 2022 or these Rules must be served personally, unless the Court orders otherwise.
(2) All documents supporting an application or a response to an application must be served on the same persons as the notices of the relevant application under sections 26(5) and 40(3) of the Surrogacy Act 2022.
(3) An affidavit of service must be filed in the Court for each document served under the Surrogacy Act 2022 or these Rules no later than 7 days before the day fixed for the first pre-hearing conference.
An affidavit of service must depose:
the nature or identity of the document served; and
who served the document; and
the time, date and other particulars constituting service.
On the filing of an application, a registrar must:
(a) fix a date and time for the holding of a pre-hearing conference; and
(b) return to the applicant a copy, affixed with the seal of the Court, of the application for service.
(2) The date for a pre-hearing conference must be no later than 14 days after the application is filed or as soon as practicable after that 14-day period.
A pre-hearing conference must be held informally.
(4) Each party to the application must attend the pre-hearing conference in one of the following ways:
in person;
by a legal practitioner.
(5) At the pre-hearing conference the Court may do any of the following:
(a) give the directions it thinks necessary regarding the appointment of a legal practitioner to represent the child;
(b) give the directions it thinks necessary for the expeditious determination of the proceedings, including the filing of additional evidence;
adjourn the pre-hearing conference;
fix a date for the hearing of the application.
Each party to a proceeding has a duty to the Court to make known fully and frankly all matters relevant to the making of a parentage order or the revocation of a parentage order, whether those matters tend to support or not to support making or revoking the order.
Part 3 Application for parentage order
(1) In addition to the material required by section 28 of the Surrogacy Act 2022, an application for a parentage order must be supported by an affidavit by each of the following persons:
each applicant;
the surrogate mother;
any other birth parent of the child;
any other party to the surrogacy arrangement.
(2) In the case of 2 applicants, one applicant's affidavit may rely on facts deposed to in the other applicant's affidavit.
(3) Despite subrule (1), an affidavit by a person referred to in subrule (1)(b), (c) or (d) is not required if the Court dispenses with the consent of that person under section 32(3) or (4) of the Surrogacy Act 2022.
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