Childrens Court Rules 2016

These rules may be cited as the Childrens Court Rules 2016.

These rules commence on 1 July 2016.

These rules apply to—

CAO proceedings; and

child protection proceedings; and

adoption proceedings; and

acknowledgement of sex proceedings; and

applications made under the Trans-Tasman Proceedings Act in any civil or criminal proceeding before the court; and

an appeal to the court under—

the Child Protection Act, section 117; or

the Adoption Act, section 243; or

the Births, Deaths and Marriages Registration Act 2023, section 78.

Note—

These rules do not apply to the Court of Appeal.

These rules apply to the following proceedings to the extent that the court directs—

a proceeding for an order transferring a child protection order to a participating State under the Child Protection Act, section 214;

a proceeding for an order transferring a child protection proceeding to the Childrens Court in a participating State under the Child Protection Act, section 228;

an appeal to the court against a decision mentioned in the Child Protection Act, section 239(1).

The dictionary in schedule 1 defines particular words used in these rules.

For a rule about a CAO proceeding or child protection proceeding, the words and expressions used in the rule have the same meaning as they have in the Child Protection Act.

For a rule about an adoption proceeding, the words and expressions used in the rule have the same meaning as they have in the Adoption Act.

For a rule about an acknowledgement of sex proceeding, the words and expressions used in the rule have the same meaning as they have in the Births, Deaths and Marriages Registration Act 2023.

However, subrules (2), (3) and (4) do not apply if the rule where the term is used makes it clear that the term does not have the same meaning as in the Child Protection Act or the Adoption Act.

The main object of these rules is to provide for flexible procedures that allow the court to decide a proceeding—

consistently with—

for a CAO proceeding or child protection proceeding—the child protection principles; or

for an adoption proceeding—the adoption principles; or

for an acknowledgement of sex proceeding—the Births, Deaths and Marriages Registration Act 2023, section 70; and

fairly; and

as soon as possible; and

with the minimum cost; and

with the minimum legal technicality; and

in accordance with the nature, importance and complexity of the issues to be resolved in the proceeding; and

in relation to a proceeding involving an Aboriginal or Torres Strait Islander child—having regard to Aboriginal tradition or Island custom.

Subject to a contrary intention in an Act or these rules, the court may make an order or issue a direction under these rules—

on the court’s own initiative; or

on the application of a party.

If an order or a direction of the court is inconsistent with another provision of these rules, the court’s order or direction prevails to the extent of the inconsistency.

Noncompliance with a rule does not invalidate a proceeding unless the court directs otherwise.

If a rule has not been complied with, the court may—

waive the noncompliance; or

set aside all or part of the proceeding; or

make another order it considers appropriate.Example of an order for paragraph (c)—

an order enforcing the performance of a duty imposed on a person under these rules

This part—

explains how to start a proceeding; and

states the documents the litigation director must file in a child protection proceeding; and

if a child protection application for an Aboriginal or Torres Strait Islander child is filed—explains how to notify the court of the name and contact details of an independent Aboriginal or Torres Strait Islander entity for the child; and

states the documents a person making an acknowledgement of sex application must file.

A proceeding is started when 1 of the following documents is filed in the court—

a child protection application;

an Adoption Act application;

an acknowledgement of sex application;

a notice of appeal.

An application mentioned in subrule (1)(a), (b) or (c) is an originating application.

An originating application may be filed in—

a registry of a Magistrates Court of—

a district in which a child the subject of the proceeding resides; or

the district in which a respondent resides; or

if all parties to the proceeding agree, in writing, to the filing of the originating application in another district—the other district; or

if the application cannot be filed in a registry mentioned in paragraph (a)—any central Magistrates Court registry.

Note—

Under the Child Protection Act, section 114 and the Adoption Act, section 240, a magistrate constituting the Childrens Court may order that a proceeding be transferred to the court constituted by a magistrate at another place.

However, an originating application must be filed in accordance with any requirement stated in a practice direction of the Chief Magistrate relating to the filing of the application in—

a particular registry of a Magistrates Court; or

a registry of a Magistrates Court of a particular district.

In this rule—

central Magistrates Court registry means the registry of a Magistrates Court at Brisbane, Rockhampton, Townsville or Cairns.

Chief Magistrate means a District Court judge or magistrate who is appointed as the Chief Magistrate under the Magistrates Act 1991, section 5(6).

district means a district of a Magistrates Court mentioned in the Justices Regulation 2014, schedule 1.

An originating application for a proceeding must—

be in the approved form for the proceeding; and

state the provision of the Act under which the originating application is brought; and

name the applicant; and

state the decision the applicant is seeking; and

name as respondents all persons directly affected by the decision the applicant is seeking; and

state the grounds of the application; and

state a postal address and contact telephone number for the applicant; and

be drafted in plain English; and

be as brief as the nature of the proceeding permits; and

contain a statement of all the material facts on which the applicant relies but not the evidence by which the facts are to be proved; and

be consecutively numbered on each page; and

be divided into consecutively numbered paragraphs and, if necessary, subparagraphs.

Note—

For notices of appeal, see also rule 123.

An originating application for a proceeding may contain an email address or facsimile number for the applicant.

A failure to comply with subrule (1) does not invalidate the originating application.