Australian Capital Territory Repealed Acts

This legislation has been repealed.

BIRTH (EQUALITY OF STATUS) ACT 1988 (REPEALED) - SECT 14

    (1)     An application for an order annulling a declaration of parentage may be made to the Supreme Court by—

        (a)     the applicant for the declaration; or

        (b)     a person named in the declaration; or

        (c)     a person who would, before the declaration was made, have been entitled to apply for a declaration of parentage in relation to a person named in the firstmentioned declaration.

    (2)     If—

        (a)     it appears to the court that facts exist, or circumstances have arisen, that were not disclosed to the court before the declaration was made, being facts or circumstances material to the question of the existence of the relationship specified in the declaration between the persons named in the declaration; and

        (b)     after considering those facts or circumstances the court is not satisfied that that relationship between those persons is established;

the court may, by order, annul the declaration.

    (3)     If the applicant for the order is not—

        (a)     a person who was an infant at the time the declaration was made; or

        (b)     the registrar-general;

the court shall not make the order unless it is satisfied that the facts or circumstances referred to in subsection (2) could not, by the exercise of reasonable diligence, have been disclosed to the court by the applicant when the application for the declaration was heard.

    (4)     When the court makes an order annulling a declaration—

        (a)     the declaration ceases to have effect; and

        (b)     the annulment does not affect anything done in reliance on the declaration before the order was made.

    (5)     If a person whose interests would, in the opinion of the court, be affected by making the order is not present or represented, and has not been given an opportunity to be present or represented, at the hearing of the application for the order, the court may, if it thinks that the person ought to be present or represented, adjourn the hearing in order to enable that person to be given such an opportunity.

    (6)     Where the court makes an order annulling a declaration, it may make such ancillary orders (including orders varying property rights) as it considers just and equitable in order to place, as far as practicable, any person affected by the annulment in the same position as that in which the person would have been if the declaration had not been made.