Childrens Court Rules 2016

This rule applies to a requirement to serve a document, other than a document required to be personally served under an Act.

The court may decide to—

dispense with the requirement; or

limit or alter the requirement, including by—

identifying the parts of the document that must be served; or

imposing conditions about the service.Examples of conditions—

In making a decision under subrule (2) about a document to be served on a child, the court must consider whether it is appropriate for the child to be served a particular document in the absence of a decision under subrule (2), having regard to the child’s age and ability to understand the document.

The court may, at any time, give leave to a party to a proceeding to use a document required to be served under these rules that has not been served or that was served later than the time specified for service of the document.

In making a decision under subrule (2) or (4), 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.