Adoption Rules 1995

An application to the Court under the Act, other than an application for an adoption order or an application referred to in rule 12A or 12B is to be in the form of Schedule 1 Form 3.

[Rule 9 inserted: Gazette 29 Jan 2013 p. 333.]

10. Evidence in support of general applications

An application referred to in rule 9 is to be filed in the Court together with supporting affidavit evidence.

[Rule 10 amended: Gazette 29 Jan 2013 p. 333.]

11. Form of applications for adoption orders

An application for an adoption order, other than an application for an adoption order under section 78A(1), is to be in the form of Form 4 of Schedule 1.

[Rule 11 amended: Gazette 21 Mar 2000 p. 1496.]

An application for an adoption order under section 78A of the Act is to be in the form of Form 4A of Schedule 1.

[Rule 11A inserted: Gazette 21 Mar 2000 p. 1496.]

12. Evidence in support of applications for adoption orders

An application for an adoption order is to be filed in the Court together with —

affidavit evidence that would satisfy the Court —

that the Court has jurisdiction to make the adoption order sought in the application;

in the case of an application for an adoption order in relation to a child, that there has been compliance with such of the provisions of section 68(1) and (2) of the Act as are relevant to the application;

in the case of an application for an adoption order in relation to an adult, that there has been compliance with section 69(1) of the Act; and

in the case of an application for an adoption order under section 78A, that there also has been compliance with section 78A(2)(a) to (e) of the Act;

the birth certificate of the prospective adoptee; and

if it proposed that the prospective adoptee be adopted by 2 persons jointly, the marriage certificate, if any, of the prospective adoptive parents.

If an application under section 71 or 73 of the Act is to be made at the hearing of an application for an adoption order —

the orders to be sought are to be set out in an application that is separate from the application for the adoption order; and

the affidavit evidence in support of the application under section 71 or 73 is to be filed separately from the supporting evidence for the application for the adoption order.

[Rule 12 amended: Gazette 21 Mar 2000 p. 1497.]

An application for an order under section 136B of the Act is to be in the form of Form 4B of Schedule 1.

[Rule 12A inserted: Gazette 21 Mar 2000 p. 1497.]

An application for a declaration under section 136F of the Act is to be in the form of Form 4C of Schedule 1.

[Rule 12B inserted: Gazette 21 Mar 2000 p. 1497.]

A reference in rules 13, 14 and 15 to an application is a reference to an application under a provision of the Act referred to in the Table to this rule.

Table

[Rule 12C inserted: Gazette 21 Mar 2000 p. 1497.]

13. Service of applications

A sealed copy of an application and any supporting affidavit is to be served on such persons as the Court directs.

14. Hearing not necessary if application non‑contentious

A non‑contentious application may be dealt with, subject to section 133 of the Act —

in chambers;

in the absence of any party to the application or the legal practitioner for the party,

unless the Court directs otherwise.

[Rule 14 amended: Gazette 29 Jan 2013 p. 334.]

15. Notice of hearing of applications

If the Court decides that there should be a hearing in relation to an application, the Registrar is to give not less than 28 days’ notice of the time and place of the hearing, or such other period of notice as the Court directs, to all persons entitled to be heard.

[Division 3 (r. 16-21) deleted: Gazette 29 Jan 2013 p. 334.]

¹ This is a compilation of the Adoption Rules 1995 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.