Australian Capital Territory Numbered Regulations

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COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 3170

Dispensing order—application

(SCR o 76 r 10)

    (1)     An application for a dispensing order must be made in the adoption proceeding in relation to which the dispensing order is sought.

Note     Pt 6.2 (Applications in proceedings) applies to the application.

    (2)     The application must be supported by an affidavit setting out the circumstances claimed to justify making the dispensing order, including any circumstances mentioned in the Adoption Act, section 35 (1) (a) to (d) (Dispensing with consent).

    (3)     The supporting affidavit must be made by—

    (a)     the applicant for the dispensing order; or

    (b)     for a joint application—each applicant jointly.

    (4)     The application for a dispensing order must be made at the same time as the application for an adoption order unless the Adoption Act, section 35 (3) applies.



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