Childrens Court Rules 2016

Unless the court directs otherwise, these rules apply to the next step in a CAO proceeding, child protection proceeding or adoption proceeding started in the court, but not completed, before the commencement of this rule.

If a difficulty arises in the application of subrule (1) to a particular proceeding, the court may, on application by a party or on its own initiative, make an order it considers appropriate to resolve the difficulty.

In making a decision under subrule (2), the court must—

consider as paramount—

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

for a decision in an adoption proceeding—the adoption principles; and

also consider—

any unreasonable prejudice or detriment that may be caused to a party or potential party to the proceeding; and

the requirement to provide procedural fairness to another person.