Victorian Repealed Regulations Victorian Repealed RegulationsThis legislation has been repealed.
New Chapter IV
5. New Chapter IV
The following Rules constitute Chapter IV of the Rules of the Supreme Court-
'CHAPTER IV ADOPTION RULES 1996 ORDER 1 ADOPTION RULES
1. Title
The Rules in this Order may be cited as the Adoption Rules.
2. Definitions
In this Order, unless the contrary intention appears-
"Act" means the Adoption Act 1984;
"applicant" means the person or persons applying for an order under the Act;
"child" means the child proposed for adoption;
"Court" means the Court in which an application under the Act is made;
"Judge" means a Judge of the Court in which an application under the Act is
made;
"Prothonotary" means Prothonotary of the Supreme Court;
"Registrar" means Registrar of the County Court.
3. Application to be by summons-Form 1
(1) An application for an adoption order shall be made by originating summons
in Form 1 of the Schedule in either the Supreme Court or the County Court, at
the option of the applicant.
(2) The proposed adoptive parent (or parents) shall be the applicant (or
applicants) and the Judge may direct any other person or any institution to be
made a respondent.
4. Summons and notice of identification to be filed-Form 2
(1) The summons shall be filed in the Court immediately it is issued.
(2) A notice of identification of the child in Form 2 of the Schedule shall be
filed with the summons.
5. Service
(1) Unless on application the Judge directs otherwise, every originating
summons required by this Order to be served shall be served personally.
(2) The respondent shall, within 21 days of being served with an originating
summons file in the Office of the Prothonotary or the Office of the Registrar
(as the case requires) a notice specifying an address within Victoria as his
address for service where summonses notices and other documents may be left
for him.
(3) Unless on application the Judge directs otherwise, every summons (other
than an originating summons), notice or other document required by this Order
to be served may be served personally or by being posted in a prepaid
registered envelope addressed to the person or institution to be served at his
or its address for service or, where the person or institution has not filed a
notice specifying an address for service pursuant to sub-rule (2), at his or
its last known address and every such summons, notice or document so posted
shall be deemed to have been served at the expiration of twenty-four hours
from the time of posting unless the contrary appears.
(4) The service of every summons, notice or other document not served by the
Court shall be verified by affidavit, unless the Judge directs otherwise.
(5) Where the person to be served is a minor, service in accordance with this
Rule shall be sufficient unless the Judge orders otherwise.
6. Affidavit in support of application-Form 3
(1) Every application for an adoption order shall be supported by evidence on
affidavit in Form 3 of the Schedule which shall disclose-
(a) the age and sex of the applicants and of the child and their
relationships (if any) to each other;
(b) the identity of the child so far as it is known to the applicants;
(c) the residence or domicile in Victoria of the applicants;
(d) the whereabouts of the child;
(e) particulars of any person with whom the child resides or who has the
care and custody of the child;
(f) whether any and what proceedings have been brought or orders made by
any court concerning the guardianship, care, custody or maintenance of
or access to the child, and shall have attached to it copies or
certified extracts of any such orders, and if no such proceedings have
been brought, a statement to that effect;
(g) where the applicants are married to each other, particulars of their
marriage, including the church or other place and the date of the
marriage ceremony and, if known, the name of the minister or other
authorized person who performed the marriage ceremony;
(h) where the applicants are Aborigines, whether their relationship is
recognized as a traditional marriage by an Aboriginal community or
Aboriginal group to which they belong and whether it has been so
recognized for two years or more;
(ha) where the applicants are living together in a de facto relationship,
whether they have been so living for two years or more and whether
either is married;
(hb) where the applicants have been living with each other in a combination
of the relationships referred to in paragraphs (g), (h) and (ha),
particulars of the duration of each such relationship;
(i) where an applicant is married and the spouse is not an applicant,
whether the applicant is living with the spouse and, if so, whether
the spouse consents to the adoption order;
(ia) where an applicant is living in a de facto relationship and the de
facto spouse is not an applicant, whether the de facto spouse consents
to an adoption order and whether the applicant or the de facto spouse
is married;
(j) whether an applicant or the spouse of an applicant or the de facto
spouse of an applicant is a relative of the child and, if so, how he
or she is related to the child;
(k) whether an applicant is a man who, under section 33(3) of the Act, is
an appropriate person to give consent to the adoption of the child;
(l) where an applicant or the de facto spouse of an applicant has
previously been married, particulars of each such marriage and of its
termination (the affidavit to have attached to it a copy of any
relevant certificate of death or decree absolute);
(m) the assets and income of the applicants;
(n) whether any applicant has any children or adopted children and if so
the respective sexes and ages of those children;
(o) whether the child is a non-citizen child;
(p) where the child is a non-citizen child-
(i) whether the child has been in the care of the applicants for the
preceding twelve months;
(ii) whether the applicants were approved by the Director-General or by an
authorized agency under section 51(1)(a) of the Act as suitable to
adopt a non-citizen child before the child came into or was placed in
the care of the applicants; and
(iii) whether the Director-General or an authorized agency has supervised
the welfare and interests of the child during any period while the
child was in the care of the applicants;
(q) whether at any time before or after the birth of the child any
applicant or any other person to the best of any applicant's knowledge
information and belief has made, given or received or agreed to make,
give or receive any and if so what payment or reward for or in
consideration of-
(i) the adoption or proposed adoption of the child;
(ii) the giving of consent or the signing of an instrument of consent to
the adoption of the child;
(iii) the transfer of the custody, care or control of the child with a view
to the adoption of the child; or
(iv) the making of arrangements with a view to the adoption of the child;
(r) whether any and what insurance has been effected on the life of the
child or for the benefit of the child;
(s) whether the applicant has made any previous application for the
adoption of the child and whether any adoption order or other order
under the Act or under the Children and Young Persons Act 1989 or
under the Children (Guardianship and Custody) Act 1984 has previously
been made in respect of the child; and
(t) any other matters necessary to support the application or to define
any issues.
6A. Affidavit in support under section 69A
(1) In addition to complying with Rule 6, an affidavit in support of an
application under section 69A of the Act shall comply with this Rule.
(2) The affidavit shall state-
(a) whether the deponent is habitually resident in a Convention country2;
and
(b) whether the child to be adopted is habitually resident in Victoria.
(3) The affidavit shall state the belief of the deponent (and the grounds for
such belief) as to-
(a) whether the child to be adopted is prevented from leaving Australia-
(i) under a law of the Commonwealth, a State or a Territory; or
(ii) because of an order of a court of the Commonwealth, a State or a
Territory;
(b) whether the arrangements for the adoption of the child are in
accordance with the requirements of the Hague Convention3;
(c) whether the Central Authority4 of the Convention country has agreed to
the adoption of the child; and
(d) whether the State Central Authority5 has agreed to the adoption of the
child.
6B. Affidavit in support under section 69B
(1) In addition to complying with Rule 6, an affidavit in support of an
application under section 69B of the Act shall comply with this Rule.
(2) The affidavit shall state-
(a) whether the deponent is habitually resident in Victoria; and
(b) whether the child to be adopted is habitually resident in a Convention
country6.
(3) The affidavit shall state the belief of the deponent (and the grounds for
such belief) as to-
(a) whether the child to be adopted is prevented from residing permanently
in Australia-
(i) under a law of the Commonwealth, a State or a Territory; or
(ii) because of an order of a court of the Commonwealth, a State or a
Territory;
(b) whether the arrangements for the adoption of the child are in
accordance with the requirements of the Hague Convention7;
(c) whether the Central Authority8 of the Convention country has agreed to
the adoption of the child; and
(d) whether the State Central Authority9 has agreed to the adoption of the
child.
7. By whom affidavits sworn
(1) Subject to sub-rule (2), an affidavit in support of an application under
the Act shall be sworn by the applicant but where he cannot swear positively
to all the facts of his own knowledge a further affidavit or affidavits shall
be sworn by some other person or persons who can swear to the facts.
(2) The Judge may in his discretion admit an affidavit deposing to any facts
from information and belief if he considers that the difficulties of obtaining
a further affidavit under sub-rule (1) justify that course.
8. Documents to be served on guardian
(1) As soon as practicable after the issue of a summons under Rule 3, the
applicant shall cause to be served in accordance with this Rule on the
guardian-
(a) a copy of each affidavit filed by the applicant in support of the
application;
(b) a certified copy of the entry in the Register maintained under Part 7
of the Births, Deaths and Marriages Registration Act 1996 with respect
to the birth of the child; and
(c) a copy of the notice of identification filed under Rule 4(2).
(2) Service in accordance with this Rule means, in the case of an application
for adoption in respect of a child whose guardian is not the Director-General
or the principal officer of an approved agency, service on the guardian and on
the Director-General or the principal officer of an approved agency.
9. Filing of affidavits etc.
All affidavits and documents in respect of any application under the Act shall
be filed at the time of the issue of the summons or thereafter as the occasion
may require-
(a) where the application is being made in the Supreme Court-in the office
of the Prothonotary; and
(b) where the application is being made in the County Court-in the office
of the Registrar.
10. Summons to dispense with consent-Forms 4, 5
(1) An application for an order that the court dispense with any consent
required by section 33 of the Act shall, unless the Judge determines under
section 43(2) that reasonable inquiry has been made for the person from whose
consent a dispensation is sought and that the person cannot be found, be made
by originating summons in Form 4 of the Schedule.
(2) A summons under sub-rule (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 sub-rule (1) shall serve or cause
to be served on the Director-General 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-
(a) a copy of the summons; and
(b) a copy of every document that the applicant proposes to use in support
of the application-
and shall make and file before the hearing an affidavit of service thereof.
(4) Sub-rule (3) does not apply where the Director-General is the person from
whose consent a dispensation is sought in the application.
(5) On the return of a summons under sub-rule (1) the Director-General may
apply to the Judge for leave to intervene in the proceedings and the Judge may
give leave if he considers it desirable in the interests of the child and the
Judge may give any further directions he 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 of the Schedule.
11. Disclosure of applicant's name
In an application to dispense with the consent of a person to an adoption-
(a) the name of any applicant for an adoption order shall not appear on
the summons and shall not be disclosed to the respondent;
(b) the proposed name of the child shall not appear on the summons and
shall not be disclosed to the respondent;
(c) any reference to the child in the summons shall be a reference to the
name in which the child's birth was recorded in the Register
maintained under Part 7 of the
Births, Deaths and Marriages Registration Act 1996-
unless the Judge hearing the application orders otherwise.
12. Appointment of day for hearing
As soon as practicable after the Judge receives a report under Rule 18(2), the
Judge shall appoint a day for the hearing of the application and shall enter
the appointment on the summons issued under Rule 3.
13. Service of summons, appointment of hearing etc.
(1) When a day has been appointed for the hearing of an application for an
adoption order, the applicant or his solicitor shall cause a copy of the
summons and appointment sealed by the Court and a copy of the notice of
identification with any amendments directed by the Judge to be served not less
than five clear days before the day appointed-
(a) on the persons referred to in section 16(1) of the Act, unless the
Judge orders otherwise on application made under section 16(2) of the
Act; and
(b) on any person or institution who or which is made a respondent to the
application.
(2) The Judge may order a sealed copy of the summons and appointment of the
day of hearing and a copy of the notice of identification (with any amendments
he directs) or either of those documents to be served not less than five clear
days before the day appointed for the hearing on any other person or
institution, and service shall be effected accordingly.
14. Affidavit of service
Before the hearing of the application, the applicant shall file an affidavit
of compliance with Rule 13 so far as it is applicable.
15. Production of infant on application
The Judge may require a person who has custody of a child who is the subject
of an application under the Act to produce the child on the hearing of the
application.
16. Application for order changing guardianship-Forms 6, 7
(1) An application for an order changing the guardianship of a child who is
the subject of an application for an adoption order shall be made by summons
in Form 6 of the Schedule.
(2) A summons under sub-rule (1) shall, unless the Judge orders otherwise, be
served personally on the guardian for the time being of the child not less
than five clear days before the application is heard.
(3) The Judge may require an affidavit to be filed as to the suitability of a
person proposed for appointment as guardian.
(4) An order under this Rule shall be in Form 7 of the Schedule and may give
any directions the Judge thinks fit for the service of documents on the new
guardian.
17. Service of copy of Rules as to duty of guardian
The Judge may order a copy of Rules 18 and 19 to be served on the guardian of
a child who is the subject of an application for an adoption order.
18. Duties of guardian
(1) The Director-General or the principal officer of an approved agency shall
investigate the circumstances of a child in respect of whom an application for
an adoption order is made and the applicants and all other matters relevant to
the proposed adoption as fully as possible with a view to safeguarding the
welfare and interests of the child and in particular shall investigate-
(a) the parentage of the child;
(b) whether any statement in any applicant's affidavit is untrue or
incomplete, and whether the applicant's affidavit makes full
disclosure in accordance with Rule 6;
(c) whether the applicants satisfy the requirements prescribed under
section 15(1) of the Act relating to the approval of applicants;
(d) whether a parent of the child has expressed any wishes in relation to
the religion, race or ethnic background of the proposed adoptive
parent or adoptive parents of the child;
(e) whether a parent of the child has expressed any wishes after consent
was given or dispensed with about access to or information about the
child;
(f) whether any arrangements have been agreed between a parent of the
child and the proposed adoptive parents for access to the child or the
giving of information about the child;
(g) whether the welfare and interests of the child will be promoted by the
adoption;
(h) whether-
(i) consent was given to the adoption of the child by a parent described
in section 50(2)(a) of the Act; or
(ii) there are reasonable grounds to believe that the child has been
accepted by an Aboriginal community as an Aborigine;
(i) where consent was given to the adoption of the child by a parent
described in section 50(2)(a) of the Act, whether-
(i) the parent has received or has in writing expressed the wish not to
receive counselling under section 50(2) of the Act; and
(ii) the proposed adoptive parents are persons of a class referred to in
paragraph (c), (d) or (e) of section 50(2) of the Act;
(j) where the child is a non-citizen child-
(i) whether the proposed adoptive parents were approved under section
51(1)(a) of the Act before the child came into or was placed in their
care; and
(ii) whether the welfare and interests of the child have been supervised
for twelve months in accordance with section 51(1)(b) of the Act while
the child was in the care of the proposed adoptive parents;
(k) whether the means and status of the applicants are such as to enable
them to maintain and bring up the child suitably and what right to or
interest in property the child has;
(l) whether it is desirable for the welfare of the child that the Court
should be asked to make an interim order or in making an adoption
order to impose any particular terms or conditions or to require the
adoptive parents to make any particular provision for the child;
(m) whether, at any time before or after the birth of the child, the
applicants have or any other person has made, given or received or
agreed to make, give or receive any and if so what payment or reward
for or in consideration of-
(i) the adoption or proposed adoption of the child;
(ii) the giving of consent or the signing of an instrument of consent to
the adoption of the child;
(iii) the transfer of the custody, care or control of the child with a view
to the adoption of the child; or
(iv) the making of arrangements with a view to the adoption of the child;
(n) whether any and what insurance, has been effected on the life of the
child or for the benefit of the child;
(o) whether the consent of every person whose consent is required under
section 33 of the Act has been obtained, whether section 35 and
section 36 of the Act were complied with in respect of each consent,
and if any consent under the Act has not been obtained the reason why
it has not been obtained; and
(p) whether any parent who consents to the adoption of the child is an
Aborigine, or the child has been accepted by an Aboriginal community
as an Aborigine.
(2) The person responsible for making an investigation under paragraph (1)
shall report the result of the investigation to the Judge in writing within 30
days after the service on that person of the documents referred to in Rule 8,
or within such further or lesser time as the Judge may direct, and shall
attach to the report and verify on affidavit from knowledge information or
belief-
(a) a certified copy of the entry in the Register maintained under Part 7
of the Births, Deaths and Marriages Registration Act 1996 with respect
to the birth of the child;
(b) where the consent of any person whose consent to the adoption of the
child is required by section 33 of the Act has been obtained-
(i) the instrument of consent; and
(ii) except in the case of a consent required by section 33(6) of the
Act-the statements prescribed under section 34 of the Act, signed by
the persons in whose presence the instrument of consent was signed;
(c) where the consent of any person whose consent to the adoption of the
child is required by section 33 (except section 33(6)) of the Act has
been obtained and was given at a place within Victoria-a certificate
signed by the Director-General or the principal officer of an approved
agency that the requirements of section 35(1) of the Act have been
complied with;
(d) where the consent of any person whose consent to the adoption of the
child is required by section 33(6) has been obtained-the declaration
required by section 36 of the Act;
(e) where the consent of any person whose consent to the adoption of the
child is required by section 33 of the Act has been dispensed with by
the Court-a copy of the order dispensing with such consent sealed by
the Court.
(2A) If the guardian is not the Director-General or the principal officer of
an approved agency, the guardian may or, if the Judge so directs, shall make a
report to the Judge concerning any matter relevant to the proposed adoption.
(3) The Judge may-
(a) require the guardian or the Director-General or the principal officer
of an approved agency (as the case may be) to give an oral report on
any matter concerning which the Judge wishes to be satisfied in
relation to the application;
(b) require the guardian or the Director-General or the principal officer
of an approved agency (as the case may be) to verify any report made
to the Court or any matter incidental to the report by affidavit or on
oath;
(c) direct the guardian to consult an independent solicitor in respect of
any matter relevant to the application;
(d) if he thinks it a proper case, direct that any report by the guardian
or the Director-General or the principal officer of an approved agency
(as the case may be) be made available to any applicant and give the
applicant an opportunity to answer or deal with any matter contained
in it.
19. Information to be confidential
Subject to Rule 39, all information obtained by the guardian, the
Director-General or the principal officer of an approved agency in the course
of an investigation under Rule 18 or otherwise in relation to an application
shall be regarded as confidential and no part of it shall be divulged to any
person except so far as may be necessary for the proper execution of the duty
of the guardian or the Director-General or the principal officer of an
approved agency as the case may be.
20. Presence of parties
(1) The Judge may refuse to make an order under the Act unless all parties
attend personally before him, but he may dispense with the attendance of any
party in any hearing under the Act.
(2) The Judge may direct that any of the parties shall attend separately and
apart from the others, or that any party or the child shall be interviewed
privately by himself or the Prothonotary if the application is in the Supreme
Court or the Registrar if the application is in the County Court.
21. As to previous unsuccessful applications
If it appears that the applicant has made a previous application for an
adoption order in respect of the same child to the Supreme Court or to the
County Court and that the application has been refused, the Judge shall not
make an adoption order unless satisfied that there has been a substantial
change in the circumstances.
22. Where Director-General or principal officer is guardian
In any case where the guardian of the child is the Director-General or the
principal officer of an approved agency, the Prothonotary or the Registrar (as
the case may be) shall on the making of an adoption order notify the guardian
in writing of the making of the order and of the date on which it was made.
23. Notice of adjournment
On any adjournment of a hearing, the Judge may direct to be served upon any
respondent not in attendance or upon any other person or institution a notice
of the time and place to which the hearing is adjourned.
24. Interim order-Form 8
An interim order may provide for the supervision of the child by the guardian
of the child or otherwise as the Judge thinks advisable and shall be in Form 8
of the Schedule.
25. Adoption order and certificate of adoption-Forms 9, 10
(1) Every adoption order made shall be in Form 9 of the Schedule.
(2) The certificate of adoption issued by the court under section 52 of the
Act shall be in Form 10 of the Schedule.
25A. Application to discharge adoption order-Form 10A
(1) An application under section 19(1) of the Act shall be made by summons in
Form 10A of the Schedule.
(2) A summons under paragraph (1) shall be supported by affidavit.
(3) A summons under paragraph (1) and any supporting affidavit shall be served
on every person who has any right, privilege, duty or liability under the
adoption order.
26. Application to vary condition on adoption of child-Form 11
(1) An application under section 60(1) of the Act for the variation of an
adoption order so that the order is subject to a condition referred to in
section 59 or 59A of the Act shall be made by summons in Form 10B of the
Schedule.
(1A) An application under section 60(2) of the Act for the variation or
revocation of a condition to which an adoption order was made subject under
section 59 or 59A of the Act shall be made by summons in Form 11 of the
Schedule.
(2) A summons under this rule shall be supported by affidavit.
(3) A summons under this rule and any supporting affidavit shall be served on
every person who has any duty or privilege under the adoption order or
condition (as the case requires).
27. Application for guardianship of non-citizen child-Forms 12, 13
(1) An application under section 47 of the Act that the Director-General or
principal officer of an approved agency be the guardian of a non-citizen child
shall be made by summons in Form 12 of the Schedule.
(2) A summons under sub-rule (1) shall be supported by affidavit disclosing
any matters necessary to support the application and to define the issues.
(3) A summons under sub-rule (1) and any supporting affidavit shall be served
not less than five clear days before the hearing of the application on every
person who has the care or control of the child.
(4) An order that the Director-General or principal officer be the guardian of
a non-citizen child shall be in Form 13 of the Schedule.
28. Application to restrict access of natural parent-Form 14
(1) An application under section 48(2) of the Act for an order restricting the
access of a natural parent to a child during the period in which a consent
under section 43 may be revoked shall be made by summons in Form 14 of the
Schedule.
(2) An application under section 48(2) of the Act shall be supported by
affidavit.
(3) A summons under sub-rule (1) and any supporting affidavit shall be served
on such persons as the Judge directs within such time before the hearing as
the Judge directs.
29. Application for declaration as to foreign adoption-Forms 15, 16
(1) An application under section 69 of the Act for an order declaring that an
adoption was effected under the law of a country, other than New Zealand,
outside the Commonwealth and the Territories and that the adoption is one of
which section 67 applies shall be made by summons in Form 15 of the Schedule.
(2) A summons under sub-rule (1) shall be supported by affidavit.
(3) A summons under sub-rule (1) and any supporting affidavit shall be served
on the Director-General and on such other persons as the Judge directs under
section 69 not less than five clear days before the hearing of the
application.
(4) An order making a declaration under section 69 shall be in Form 16 of the
Schedule.
29A. Application under section 69H
(1) An application under section 69H of the Act shall be made by summons in
Form 16A of the Schedule.
(2) A summons under sub-rule (1) shall be supported by affidavit.
29B. Application under section 69I
(1) An application under section 69I of the Act shall be made by summons in
Form 16B of the Schedule.
(2) A summons under sub-rule (1) shall be supported by affidavit.
(3) A summons under sub-rule (1) and any supporting affidavit shall be served
on such person or persons and in such manner as the Court directs.
(4) An order making a declaration under section 69I of the Act shall be in
Form 16C of the Schedule.
29C. Application under section 69W
(1) An application under section 69W of the Act shall be made by summons in
Form 16D of the Schedule.
(2) A summons under sub-rule (1) shall be supported by affidavit.
(3) A summons under sub-rule (1) and any supporting affidavit shall be served
on such person or persons and in such manner as the Court directs.
(4) An order making a declaration under section 69W of the Act shall be in
Form 16E of the Schedule.
30. Application for information-Form 17
An application by the Director-General under section 86 of the Act to the
Court for information relating to proceedings as a result of which an adoption
order was made by that Court shall be in Form 17 of the Schedule.
31. Application for a copy of birth certificate etc.
A request under section 92(7) of the Act by the Director-General for a copy of
an extract from or a certified copy of a birth certificate or the entry
relating to that birth in the Register maintained under Part 7 of the
Births, Deaths and Marriages Registration Act 1996 shall be made by
application to the Court.
32. Application for authority to publish identity of parties-Form 18
An application for authority to publish matter to which section 121(1) of the
Act applies shall be in Form 18 of the Schedule.
32A. Transfer of application from County Court to Supreme Court
(1) If an application for an order is made to the County Court and the Judge
directs that the application be transferred to the Supreme Court under section
6(1A) of the Act, the Judge shall inform the Chief Justice in writing of his
reasons for so directing and all documents in relation to the application
shall be delivered to the Prothonotary by the Registrar.
(2) If an application under the Act has been transferred to the Supreme Court
under section 6(1A) of the Act a Judge of the Supreme Court-
(a) may appoint a time for the hearing of the application in the Supreme
Court;
(b) may direct the applicant to give such notice as the Judge thinks
proper of the time so appointed; and
(c) may direct that the steps taken in the County Court shall be deemed to
be sufficient compliance with the rules relating to applications in
the Supreme Court or he may direct what further steps shall be taken
under the rules relating to applications in the Supreme Court.
33. Costs
(1) Subject to section 109 of the Act, where a Judge makes an order as to
costs and the application has been made in the County Court, the Judge may
direct the costs to be taxed according to such Scale of Costs applicable to
actions in the County Court as he determines, and in default of such direction
the costs shall be taxed under Column B of the Scale.
(2) Subject to sub-rule (1), the Judge may direct that all the costs of a
summons under the Act shall be borne and paid by the applicant.
34. Documents to be confidential
Subject to Rule 39, all documents filed in Court under these Rules shall be
confidential and the Prothonotary or Registrar, as the case may be, shall keep
such documents secret and in a place of special security.
35. Rules
Subject to this order, Chapter I of the Rules of the Supreme Court for the
time being in force and the general practice of the Supreme Court apply to
proceedings in the Supreme Court under the Act and the County Court Rules for
the time being in force and the general practice of the County Court apply to
proceedings in the County Court under the Act, so far as in each case they are
applicable.
36. Form of documents
The forms in the Schedule shall be used in relation to applications under the
Act and in any case where no appropriate form is included in the Schedule, the
forms in use in the Court may be adopted with such variations as may be
necessary.
37. Endorsement of documents-Form 19
All documents filed in Court or used in relation to any application shall be
endorsed on the outside in Form 19 of the Schedule.
38. Enlargement or abridgment of time
The Court or a Judge thereof may, upon such terms (if any) as the justice of
the case requires, enlarge or abridge the time appointed by this Order or
fixed by an order made under this Order for doing any act and any such
enlargement may be ordered although the application for it is made after the
expiration of the time so appointed or fixed.
39. Court may grant access to information
If a child is separately represented in a proceeding referred to in section
106(1)(a), (b) or (c) of the Act, the Court may by order grant to the person
representing the child such access as the Court thinks fit to any information
referred to in Rule 19 or any document referred to in Rule 34 for the purposes
only of that representation. __________________