Australian Capital Territory Numbered Regulations

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SUPREME COURT RULES (AMENDMENT) (NO. 30 OF 1993) - REG 5

5. The Eighth Schedule to the Principal Rules is repealed and the following Schedule substituted:

EIGHTH SCHEDULE

    FORM 1     O. 76 r. 3

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

APPLICATION FOR ADOPTION ORDER

In the Supreme Court

    of the Australian Capital Territory                     No.     of [ year ]

In the matter of the adoption of [ full name to be given to the child ]

Application is hereby made to the Court [*by/*on behalf of] the proposed adoptive parents mentioned below for the adoption of the child mentioned below.

Particulars of proposed adoptive parent(s)

    Adoptive father     Adoptive mother

Full name:

Occupation:

Address:

Date of birth:

Relationship, if any, to the child:

Particulars of the child proposed to be adopted

Full name in which the birth of the child is registered:

Sex:

Date of birth:

Place of birth:

Father's full name:    

Mother's full maiden name:

Mother's full name at the date of birth of the child:

This application is made—
*     personally by the proposed adoptive parent(s).
*     on behalf of the proposed adoptive parents by [ name(s) ], solicitor(s).
*     by the Director of Family Services.
*     by [ full name ], principal officer of [ name ], a private adoption agency.

Date:

Signature:

Address for service:             [ Address of a place not more than 10 kilometres from the office of the Registrar ]

*     Strike out where inapplicable.

NOTE

If the name of a birth parent of the child to be adopted is unknown to the proposed adoptive parent(s), care should be taken to ensure that this information is not disclosed to the proposed adoptive parent(s) in filling out this form. In such a case, if practicable, this form should be filled out and signed by the solicitor(s) for the proposed adoptive parent(s), by the Director of Family Services or by the principal officer of the relevant adoption agency (as appropriate).

    FORM 2     O. 76 r. 4

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

NOTICE OF APPLICATION FOR ADOPTION ORDER

In the Supreme Court

    of the Australian Capital Territory                     No.     of [ year ]

In the matter of the adoption of [ full name to be given to the child ]

To: [ full name ], of [ address ]—

An application for the adoption of [ full name in which the birth of the child to be adopted is registered ] has been set down for [*hearing by the Court/*the sittings of the Court commencing] on [ date ].

If you intend to oppose the application, you should enter an appearance and give notice of your appearance to the person(s) signing below within 10 days after service of this notice.

This notice is given—
*     personally by the proposed adoptive parent(s).
*     on behalf of the proposed adoptive parents by [ name(s) ], solicitor(s).
*     by the Director of Family Services.
*     by [ full name ], principal officer of [ name ], a private adoption agency.

Date:

Signature:

Address for service:             [ Address of a place not more than 10 kilometres from the office of the Registrar ]

*     Strike out where inapplicable.

NOTE

If the name of a birth parent of the child to be adopted is unknown to the proposed adoptive parent(s), care should be taken to ensure that this information is not disclosed to the proposed adoptive parent(s) in filling out this form. In such a case, if practicable, this form should be filled out and signed by the solicitor(s) for the proposed adoptive parent(s), by the Director of Family Services or by the principal officer of the relevant adoption agency (as appropriate).

    FORM 3     O. 76 r. 7

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

NOTICE OF APPEARANCE OPPOSING APPLICATION FOR ADOPTION ORDER

In the Supreme Court

    of the Australian Capital Territory                     No.     of [ year ]

In the matter of the adoption of [ full name to be given to the child ]

To: the Registrar—

Enter an appearance in the Court for [ full name, address and occupation of person appearing ] opposing the application for the adoption of [ full name in which the birth of the child to be adopted is registered ].
*     [ Full name ] appears in person.
*     [ Full name ] appears by [ full name(s) and address ], solicitor(s).

Date:

Signature:    

Address for service:             [ Address of a place not more than 10 kilometres from the office of the Registrar ]

*     Strike out where inapplicable.

    FORM 4     O. 76 r. 8

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

INTERIM ORDER

In the Supreme Court

    of the Australian Capital Territory                     No.     of [ year ]

In the matter of the adoption of [ full name to be given to the child ]

Before:

Date:

An application has been made to the Court [*by/*on behalf of] [ full name, address and occupation of each proposed adoptive parent ] for an order for the adoption of [ full name in which the birth of the child to be adopted is registered ].

The Court is satisfied that it could lawfully make an order for the adoption of the child by the proposed adoptive parents.

The Court therefore orders—
1.     That the determination of the application be postponed until [ date ].
2.     That [ full name of each proposed adoptive parent ] have the custody of the child until that date.
3.     [ Any further orders ].

By the Court:         , Registrar

*     Strike out where inapplicable.

    FORM 5     O. 76 r. 9

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

ADOPTION ORDER

In the Supreme Court

    of the Australian Capital Territory                     No.     of [ year ]

In the matter of the adoption of [ full name to be given to the child ]

Before:

Date:

An application has been made to the Court [*by/*on behalf of] [ full name, address and occupation of each proposed adoptive parent ] for an order for the adoption of [ full name in which the birth of the child to be adopted is registered ].

The Court orders—
1.     That the child become, by this order, the adopted child of [ full name of each adoptive parent ].
2.     That the child bear, by this order, the following name: [ full name to be given to adopted child ].
3.     [ Any further orders ].

By the Court:         , Registrar

*     Strike out where inapplicable.

   

    FORM 6     O. 76 r. 10

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

APPLICATION FOR DISPENSING WITH CONSENT TO ADOPTION

In the Supreme Court

    of the Australian Capital Territory                     No.     of [ year ]

In the matter of the adoption of [ full name to be given to the child ]

Application is hereby made to the Court [*by/*on behalf of] [ full name, address and occupation of each proposed adoptive parent ] for the Court to dispense with the requirement for the consent of [ full name ] for the purposes of an application for the adoption of [ full name in which the birth of the child to be adopted is registered ].

This application for a dispensing order is made—
*     personally by the proposed adoptive parent(s).
*     on behalf of the proposed adoptive parents by [ name(s) ], solicitor(s).
*     by the Director of Family Services.
*     by [ full name ], principal officer of [ name ], a private adoption agency.

Date:

Signature:

Address for service:             [ Address of a place not more than 10 kilometres from the office of the Registrar ]

*     Strike out where inapplicable.

NOTE

If the name of a birth parent of the child to be adopted is unknown to the proposed adoptive parent(s), care should be taken to ensure that this information is not disclosed to the proposed adoptive parent(s) in filling out this form. In such a case, if practicable, this form should be filled out and signed by the solicitor(s) for the proposed adoptive parent(s), by the Director of Family Services or by the principal officer of the relevant adoption agency (as appropriate).

    FORM 7     O. 76 r. 11

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

NOTICE OF APPLICATION FOR DISPENSING ORDER

In the Supreme Court

    of the Australian Capital Territory                     No.     of [ year ]

In the matter of the adoption of [ full name to be given to the child ]

To: [ full name ], of [ address ]—

An application for the Court to dispense with the requirement for the consent of [ full name ] for the purposes of an application for the adoption of [ full name in which the birth of the child to be adopted is registered ] has been set down for [*hearing by the Court/*the sittings of the Court commencing] on [date].

If you intend to oppose the application for the Court to dispense with the requirement for consent, you should enter an appearance and give notice of your appearance to the person(s) signing below within 10 days after service of this notice.

This notice is given—
*     personally by the proposed adoptive parent(s).
*     on behalf of the proposed adoptive parents by [ name(s) ], solicitor(s).
*     by the Director of Family Services.
*     by [ full name ], principal officer of [ name ], a private adoption agency.

Date:

Signature:

Address for service:             [ Address of a place not more than 10 kilometres from the office of the Registrar ]

*     Strike out where inapplicable.

NOTE

If the name of a birth parent of the child to be adopted is unknown to the proposed adoptive parent(s), care should be taken to ensure that this information is not disclosed to the proposed adoptive parent(s) in filling out this form. In such a case, if practicable, this form should be filled out and signed by the solicitor(s) for the proposed adoptive parent(s), by the Director of Family Services or by the principal officer of the relevant adoption agency (as appropriate).

    FORM 8     O. 76 r. 12

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

NOTICE OF APPEARANCE OPPOSING APPLICATION FOR DISPENSING ORDER

In the Supreme Court

    of the Australian Capital Territory                     No.     of [ year ]

In the matter of the adoption of [ full name to be given to the child ]

To: the Registrar—

Enter an appearance in the Court for [ full name, address and occupation of person appearing ] opposing the application for the Court to dispense with the requirement for the consent of [ full name ] for the purposes of an application for the adoption of [ full name in which the birth of the child to be adopted is registered ].
*     [ Full name ] appears in person.
*     [ Full name ] appears by [ full name(s) and address ], solicitor(s).

Date:

Signature:    

Address for service:             [ Address of a place not more than 10 kilometres from the office of the Registrar ]

*     Strike out where inapplicable.

    FORM 9     O. 76 r. 13

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

ORDER FOR DISPENSING WITH CONSENT TO ADOPTION

In the Supreme Court

    of the Australian Capital Territory                     No.     of [ year ]

In the matter of the adoption of [ full name to be given to the child ]

Before:

Date:

An application has been made to the Court [*by/*on behalf of] [ full name, address and occupation of each proposed adoptive parent ] for the Court to dispense with the requirement for the consent of [ full name ] to the adoption mentioned above.

The Court orders that the requirement for [ full name ] to consent to the adoption of [ full name in which the birth of the child to be adopted is registered ] be dispensed with for the purposes of an application by or on behalf of [ full name of each proposed adoptive parent ] for the adoption of that child.

By the Court:         , Registrar

*     Strike out where inapplicable.

    FORM 10     O. 76 r. 14

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

APPLICATION FOR THE VARIATION OF AN ADOPTION ORDER

In the Supreme Court

    of the Australian Capital Territory                     No.     of [ year ]

In the matter of the adoption of

Application is hereby made to the Court [*by/*on behalf of] [ full name, address and occupation of person in whose favour the variation order is sought ] for the Court to [*vary/*revoke] a condition of the order for the adoption of [ full name of adopted child ] dated [ date ].

This application is made—
*     personally by [ full name ] in [*his/*her] capacity as [*adopted child/*adoptive parent/*birth parent].
*     by [ full name ], on behalf of [ full name of adopted child ].
*     by [ name(s) ], solicitor(s), on behalf of [ full name ] in [*his/*her] capacity as [*adopted child/*adoptive parent/*birth parent].

Date:

Signature:

Address for service:             [ Address of a place not more than 10 kilometres from the office of the Registrar ]

*     Strike out where inapplicable.

    FORM 11     O. 76 r. 15

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

NOTICE OF APPLICATION FOR VARIATION ORDER

In the Supreme Court

    of the Australian Capital Territory                     No.     of [ year ]

In the matter of the adoption of

To: [ full name ], of [ address ]—

An application for the Court to [*vary/*revoke] a condition of the order for the adoption of [ full name of adopted child ] dated [ date ] has been set down for [*hearing by the Court/*the sittings of the Court commencing] on [date].

If you intend to oppose the application, you should enter an appearance and give notice of your appearance to the person(s) signing below within 10 days after service of this notice.

This notice is given—
*     personally by [ full name ], who is seeking the variation of the adoption order in [*his/*her] capacity as [*adopted child/*adoptive parent/*birth parent].
*     by [ full name ], on behalf of [ full name of adopted child ].
*     by [ name(s) ], solicitor(s), on behalf of [ full name ], who is seeking the variation of the adoption order in [*his/*her] capacity as [*adopted child/*adoptive parent/*birth parent].

Date:

Signature:

Address for service:             [ Address of a place not more than 10 kilometres from the office of the Registrar ]

*     Strike out where inapplicable.

    FORM 12     O. 76 r. 16

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

NOTICE OF APPEARANCE OPPOSING APPLICATION FOR VARIATION ORDER

In the Supreme Court

    of the Australian Capital Territory                     No.     of [ year ]

In the matter of the adoption of

To: the Registrar—

Enter an appearance in the Court for [ full name, address and occupation of person appearing ] opposing the application for the Court to [*vary/*revoke] a condition of the order for the adoption of [ full name of adopted child ] dated [ date ].
*     [ Full name ] appears in person.
*     [ Full name ] appears by [ full name(s) and address ], solicitor(s).

Date:

Signature:    

Address for service:             [ Address of a place not more than 10 kilometres from the office of the Registrar ]

*     Strike out where inapplicable.

    FORM 13     O. 76 r. 17

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

APPLICATION FOR DISCHARGE OF
[*INTERIM ORDER/*ADOPTION ORDER]

In the Supreme Court

    of the Australian Capital Territory                     No.     of [ year ]

In the matter of the adoption of †[ full name to be given to the child ]
    †[ full name of adopted child ]

Application is hereby made to the Court for the discharge of the [*interim order/*adoption order] dated [ date ] in relation to the adoption of the child mentioned above in favour of—
†     [ full name, address and occupation of each proposed adoptive parent ].
†     [ full name, address and occupation of each adoptive parent ].

This application is made—
*     personally by [ full name ] in [*his/*her] capacity as ‡[ state capacity in which application is made ].
*     by [ name(s) ], solicitor(s), on behalf of [ full name ] in [*his/*her] capacity as ‡[ state capacity in which application is made ].

Date:

Signature:

Address for service:             [ Address of a place not more than 10 kilometres from the office of the Registrar ]

*     Strike out where inapplicable.

†     Insert where applicable.

    (A)     In the case of an application for the discharge of an interim order, state the nature of the relationship of the person seeking the discharge to the child who is the subject of the order, or the capacity in which that person is otherwise interested in seeking the discharge of the order.

    (B)     In the case of an application for the discharge of an adoption order, state whether the application is made by (or on behalf of) the Minister, the Director of Family Services, the Community Advocate, the adopted child, an adopted parent or a birth parent.

    FORM 14     O. 76 r. 18

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

NOTICE OF APPLICATION FOR DISCHARGE OF
[*INTERIM ORDER/*ADOPTION ORDER]

In the Supreme Court

    of the Australian Capital Territory                     No.     of [ year ]

In the matter of the adoption of †[ full name to be given to the child ]
    †[ full name of adopted child ]

To: [ full name ], of [ address ]—

An application has been made for the discharge of the [*interim order/*adoption order] dated [ date ] in relation to the adoption of—
†     [ full name in which the birth of the child proposed to be adopted is registered ].
†     [ full name of the adopted child ].

That order was made in favour of—
†     [ full name and address of each proposed adoptive parent ].
†     [ full name and address of each adoptive parent ].

This application has been set down for [*hearing by the Court/*the sittings of the Court commencing] on [ date ].

If you intend to oppose the application, you should enter an appearance and give notice of your appearance to the person(s) signing below within 10 days after service of this notice.

This notice is given—
*     personally by [ full name ], who is seeking the discharge of the order in his or her capacity as ‡[ state capacity in which application is made ].
*     by [ name(s) ], solicitor(s), on behalf of [ full name ], who is seeking the discharge of the order in his or her capacity as ‡[ state capacity in which application is made ].

Date:

Signature:

Address for service:             [ Address of a place not more than 10 kilometres from the office of the Registrar ]

*     Strike out where inapplicable.

†     Insert where applicable.

    (A)     In the case of an application for the discharge of an interim order, state the nature of the relationship of the person seeking the discharge to the child who is the subject of the order, or the capacity in which that person is otherwise interested in seeking the discharge of the order.

    (B)     In the case of an application for the discharge of an adoption order, state whether the application is made by (or on behalf of) the Minister, the Director of Family Services, the Community Advocate, the adopted child, an adopted parent or a birth parent.

    FORM 15     O. 76 r. 19

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

NOTICE OF APPEARANCE OPPOSING APPLICATION FOR DISCHARGE OF
[*INTERIM ORDER/*ADOPTION ORDER]

In the Supreme Court

    of the Australian Capital Territory                     No.     of [ year ]

In the matter of the adoption of †[ full name to be given to the child ]
    †[ full name of adopted child ]

To: the Registrar—

Enter an appearance in the Court for [ full name, address and occupation of person appearing ] opposing the application for the discharge of the [*interim order/*adoption order] dated [ date ] in relation to the adoption of—
†     [ full name in which the birth of the child proposed to be adopted is registered ].

†     [ full name of the adopted child ].

*     [ Full name ] appears in person.
*     [ Full name ] appears by [ full name(s) ], solicitor(s).

Date:

Signature:    

Address for service:             [ Address of a place not more than 10 kilometres from the office of the Registrar ]

*     Strike out where inapplicable.

†     Insert where applicable.

    FORM 16     O. 76 r. 20

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

APPLICATION FOR ACCESS TO IDENTIFYING INFORMATION

In the Supreme Court

    of the Australian Capital Territory                     No.     of [ year ]

In the matter of the adoption of

Application is hereby made to the Court for an order of entitlement to access to, and to apply for, identifying information of the following type in relation to the adoption of [ full name ]:

Particulars of identifying information

[Here insert particulars]

This application is made—
*     personally by [ full name ] in [*his/*her] capacity as [ state capacity by virtue of which entitlement is claimed ].
*     by [ name(s) ], solicitor(s), on behalf of [ full name ] in his or her capacity as [ state capacity by virtue of which entitlement is claimed ].

Date:

Signature:

Address for service:             [ Address of a place not more than 10 kilometres from the office of the Registrar ]

*     Strike out where inapplicable.

    FORM 17     O. 76 r. 21

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

NOTICE OF APPLICATION FOR ACCESS TO IDENTIFYING INFORMATION

In the Supreme Court

    of the Australian Capital Territory                     No.     of [ year ]

In the matter of the adoption of

To: [ full name ], of [ address ]—

An application for an order of entitlement to access to, and to apply for, identifying information of the following type in relation to the adoption of [ full name ] has been set down for [*hearing by the Court/*the sittings of the Court commencing] on [ date ]:

Particulars of identifying information

[Here insert particulars]

If you intend to oppose the application, you should enter an appearance and give notice of your appearance to the person(s) signing below within 10 days after service of this notice.

This application is made—
*     personally by [ full name ], who is seeking the order in [*his/*her] capacity as [ state capacity by virtue of which entitlement is claimed ].
*     by [ name(s) ], solicitor(s), on behalf of [ full name ], who is seeking the order in [*his/*her] capacity as [ state capacity by virtue of which entitlement is claimed ].

Date:

Signature:

Address for service:             [ Address of a place not more than 10 kilometres from the office of the Registrar ]

*     Strike out where inapplicable.

    FORM 18     O. 76 r. 22

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

NOTICE OF APPEARANCE OPPOSING APPLICATION FOR ACCESS TO IDENTIFYING INFORMATION

In the Supreme Court

    of the Australian Capital Territory                     No.     of [ year ]

In the matter of the adoption of

To: the Registrar—

Enter an appearance in the Court for [ full name, address and occupation of person appearing ] opposing the application dated [ date ] for an order for entitlement to access to, and to apply for, identifying information in relation to the adoption of [ full name ].
*     [ Full name ] appears in person.
*     [ Full name ] appears by [ full name(s) and address ], solicitor(s).

Date:

Signature:    

Address for service:             [ Address of a place not more than 10 kilometres from the office of the Registrar ]

*     Strike out where inapplicable.

    FORM 19     O. 76 r. 23

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

ORDER FOR ACCESS TO IDENTIFYING INFORMATION

In the Supreme Court

    of the Australian Capital Territory                     No.     of [ year ]

In the matter of the adoption of

Before:

Date:

An application has been made to the Court for an order of entitlement to access to, and to apply for, particular identifying information in relation to the adoption of [ full name ].

The Court orders that [ full name of person in whose favour the order is sought ] is hereby entitled to access to, and to apply for, identifying information of the following type in relation to the adoption of [ full name of adopted person ]:

Particulars of identifying information

[Here insert particulars]

By the Court:         , Registrar

    FORM 20     O. 76 r. 25

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

AFFIDAVIT OF PERSONAL SERVICE OF
NOTICES OF APPLICATION

In the Supreme Court

    of the Australian Capital Territory                     No.     of [ year ]

In the matter of the adoption of

I, [ full name, address and occupation ], [*make oath/*affirm] and say:

1.     On [ date of service ], I duly served [ full name of person served ]
with a copy of a notice of the application mentioned above by delivering it to that person personally at [ address ].

2.     I identified the person served in the following way:

[ Here set out the way in which the deponent identified the person served. ]

*3.     I served [*the Director of Family Services/*the principal officer of [ name ], an adoption agency] by giving the copy of the notice to a member of staff of [*the office of the Director/*that adoption agency], that member of staff being identified as such in the following way:

[ Here set out the way in which the deponent determined that the person
was such a member of staff. ]

[*Sworn/*Affirmed] by the deponent on [ date ] at [ time ]—

Signature:

Witness:     [ Signature, name and title of person before whom         affidavit is sworn or affirmed ]

*     Strike out where inapplicable.



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