New South Wales Consolidated Acts

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STATUS OF CHILDREN ACT 1996 - SECT 22

Annulment of declaration of parentage

22 Annulment of declaration of parentage

(1) The Supreme Court may make an order annulling a declaration of parentage on the application of any person who applied or could have applied for the making of the declaration if it appears to the Court:
(a) that new facts or circumstances have arisen that have not previously been disclosed to the Court, and
(b) those facts could not, by the exercise of reasonable diligence, have previously been disclosed to the Court.
(2) On the making of such an order, the declaration ceases to have effect from that time. Accordingly, the annulment does not affect anything done in reliance on the declaration before the making of the order.
(3) If the Court makes such an order, it may, if it thinks that it would be just and equitable to do so, make such ancillary orders (including orders varying property rights) as may be necessary to place any person affected by the annulment of the declaration, as far as practicable, in the same position as the person would have been in if the declaration had not been made.
(4) If a declaration is annulled under this section, the Registrar of the Division of the Court in which the order was made must immediately cause a copy of the order of annulment to be transmitted to the Registrar of Births, Deaths and Marriages to be dealt with under the Births, Deaths and Marriages Registration Act 1995 .



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