Victorian Consolidated Regulations Victorian Consolidated Regulations(1) An application for an order that the Court dispense with any consent required by section 33 of the Act shall be made by summons in Form 4, unless the Judge determines under section 43(2) of the Act—
(a) that reasonable inquiry has been made for the person from whose consent a dispensation is sought; and
(b) that the person cannot be found.
(2) A summons under paragraph (1) shall be served personally upon the person from whose consent a dispensation is sought, unless the Judge orders otherwise.
(3) A person who makes an application under paragraph (1) shall—
(a) serve or cause to be served on the Secretary not less than 30 days before the day specified in the summons for the hearing of the application, or within such other time as is fixed by a Judge—
(i) a copy of the summons; and
(ii) a copy of every document that the applicant proposes to use in support of the application; and
(b) make and file before the hearing an affidavit of service.
(4) Paragraph (3) does not apply if the Secretary is the person from whose consent a dispensation is sought in the application.
(5) On the return of a summons under paragraph (1), the Secretary may apply to the Judge for leave to intervene in the proceedings and the Judge—
(a) may give leave if the Judge considers it desirable in the interests of the child; and
(b) may give any further directions the Judge considers necessary for the further conduct of the application.
(6) An order dispensing with the consent of a person to an adoption shall be in Form 5.