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r 12C

Evidence in support of applications under section 136B or 136F

In force
Part 2Procedure generally
Division 2Applications

12C Evidence in support of applications under section 136B or 136F

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

Provision

Description of application

section 136B

to terminate relationship of child and parent in relation to a simple adoption

section 136F

to refuse to recognise an adoption or a decision to convert a simple adoption

[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 —

(a)

in chambers;

(b)

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.]

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