Supreme Court (Adoption) Rules 2005

i Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 TABLE OF PROVISIONS Rule Page ORDER 1 1 PART 1—PRELIMINARY 1 1. Title and object 1 2. Authorising provisions 1 3. Commencement, revocation and saving 2 PART 2—ADOPTION RULES 3 4. Application of Rules 3 5. Definitions 3 6. Application to be by originating summons—Form 1 3 7. Summons and notice of identification to be filed—Form 2 4 8. Service 4 9. Affidavit in support of application—Form 3 5 10. Affidavit in support under section 69A 8 11. Affidavit in support under section 69B 10 12. By whom affidavits sworn 11 13. Documents to be served on guardian 11 14. Filing of affidavits 12 15. Summons to dispense with consent—Forms 4 and 5 12 16. Non-disclosure of applicant's name 13 17. Appointment of day for hearing 14 18. Service of summons and appointment of hearing 14 19. Affidavit of service 15 20. Production of child on application 15 21. Application for order changing guardianship—Forms 6 and 7 15 22. Service of copy of Rules as to duty of guardian 16 23. Duties of guardian 16 24. Information to be confidential 21 25. Presence of parties 21 26. As to previous unsuccessful applications 22 27. Where Secretary or principal officer is guardian 22 28. Notice of adjournment 22 29. Interim order—Form 8 22 -- 1 of 61 -- Rule Page ii 30. Adoption order and certificate of adoption—Forms 9 and 10 22 31. Application to discharge adoption order—Form 11 23 32. Application to vary condition on adoption of child—Forms 12 and 13 23 33. Application for guardianship of non-citizen child—Forms 14 and 15 23 34. Application to restrict access of natural parent—Form 16 24 35. Application for declaration as to foreign adoption—Forms 17 and 18 24 36. Application under section 69H—Form 19 25 37. Application under section 69I—Forms 20 and 21 25 38. Application under section 69W—Forms 22 and 23 25 39. Application for information—Form 24 26 40. Application for a copy of birth certificate 26 41. Application for authority to publish identity of parties—Form 25 26 42. Transfer of application from County Court to Supreme Court 26 43. Costs 27 44. Documents to be confidential 28 45. Form of documents 28 46. Enlargement or abridgment of time 28 47. Court may grant access to information 28 __________________ SCHEDULES 29 SCHEDULE 1 29 Form 1—Summons for Adoption Order 29 Form 2—Notice of Identification 31 Form 3—Affidavit of Applicants in Support of Application 32 Form 4—Summons to Dispense with Consent Required under Section 33 of the Adoption Act 1984 35 Form 5—Order Dispensing with Consent 36 Form 6—Summons to Change Guardianship of Child 37 Form 7—Order Changing Guardianship of Child 38 Form 8—Interim Order 39 Form 9—Adoption Order 41 Form 10—Form of Certificate of Adoption 42 Form 11—Application to Discharge Adoption Order under Section 19(1) of the Adoption Act 1984 42 Form 12—Summons to Vary Adoption Order to Make Order Subject to Condition 43 -- 2 of 61 -- Rule Page iii Form 13—Summons to Vary or Revoke Condition Attached to Adoption Order under Section 59 of the Adoption Act 1984 44 Form 14—Summons to Appoint Guardian of Non-Citizen Child 45 Form 15—Order for Guardianship of Non-Citizen Child 46 Form 16—Summons to Restrict Access of a Parent to a Child 47 Form 17—Summons for Declaration of Recognition of Foreign Adoption 48 Form 18—Declaration of Recognition of Foreign Adoption 49 Form 19—Summons for Terminating Legal Relationship under Section 69H 50 Form 20—Summons for Declaration under Section 69I 51 Form 21—Declaration under Section 69I 52 Form 22—Summons for Declaration under Section 69W 53 Form 23—Declaration under Section 69W 54 Form 24—Application for Information 55 Form 25—Application for Authority to Publish Matter Relating to Identity of Parties 56 SCHEDULE 2—Revoked Statutory Rules 57 ═══════════════ -- 3 of 61 -- 1 STATUTORY RULES 2005 S.R. No. 133/2005 Supreme Court Act 1986 Adoption Act 1984 Supreme Court (Adoption) Rules 2005 The Judges of the Supreme Court make the following Rules: ORDER 1 PART 1—PRELIMINARY 1. Title and object (1) These Rules constitute Chapter IV of the Rules of the Supreme Court and are entitled the Supreme Court (Adoption) Rules 2005. (2) The object of these Rules is re-make the Rules that constitute Chapter IV of the Rules of the Supreme Court regulating procedures in the Court in relation to adoption. 2. Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986, section 6(2) of the Adoption Act 1984 and all other enabling powers. -- 4 of 61 -- Part 1—Preliminary Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 2 3. Commencement, revocation and saving (1) These Rules come into operation on 1 December 2005. (2) The Rules set out in Schedule 2 are revoked. (3) These Rules apply to any application commenced in the Court on or after 1 December 2005. __________________ r. 3 -- 5 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 3 PART 2—ADOPTION RULES 4. Application of 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. 5. Definitions In this Order— "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; "the Act" means the Adoption Act 1984. 6. Application to be by originating summons—Form 1 (1) An application for an adoption order shall be made by originating summons in Form 1 of Schedule 1 in either the Supreme Court or the County Court, at the option of the applicant. r. 4 -- 6 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 4 (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. 7. Summons and notice of identification to be filed— Form 2 (1) The originating summons shall be filed in the Court immediately it is issued. (2) A notice of identification of the child in Form 2 of Schedule 1 shall be filed with the summons. 8. 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 the respondent's address for service where summonses, notices and other documents may be left for the respondent. (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— (a) personally; or (b) by being posted— (i) in a prepaid registered envelope addressed to the person or institution to be served at his, her or its address for service; or r. 7 -- 7 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 5 (ii) if the person or institution has not filed a notice specifying an address for service pursuant to paragraph (2), at his, her or its last known address— and every such summons, notice or document so posted is deemed to have been served at the expiration of 24 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) If the person to be served is a minor, service in accordance with this Rule shall be sufficient, unless the Judge orders otherwise. 9. Affidavit in support of application—Form 3 An application for an adoption order shall be supported by evidence on affidavit in Form 3 of Schedule 1 which shall disclose— (a) the age and sex of the applicants and of the child and their relationships (if any) to each other; and (b) the identity of the child so far as it is known to the applicants; and (c) the residence or domicile in Victoria of the applicants; and (d) the whereabouts of the child; and (e) particulars of any person with whom the child resides or who has the care and custody of the child; and (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 r. 9 -- 8 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 6 extracts of any such orders, and if no such proceedings have been brought, a statement to that effect; and (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; and (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; and (i) 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; and (j) where the applicants have been living with each other in a combination of the relationships referred to in paragraphs (g), (h) and (i), particulars of the duration of each such relationship; and (k) 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; and (l) 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; and r. 9 -- 9 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 7 (m) 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; and (n) 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; and (o) 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); and (p) the assets and income of the applicants; and (q) whether any applicant has any children or adopted children and if so the respective sexes and ages of those children; and (r) whether the child is a non-citizen child; and (s) where the child is a non-citizen child— (i) whether the child has been in the care of the applicants for the preceding 12 months; (ii) whether the applicants were approved by the Secretary 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 Secretary 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; and r. 9 -- 10 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 8 (t) 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; or (ii) the giving of consent or the signing of an instrument of consent to the adoption of the child; or (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; and (u) whether any and what insurance has been effected on the life of the child or for the benefit of the child; and (v) 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 (w) any other matters necessary to support the application or to define any issues. 10. Affidavit in support under section 69A (1) In addition to complying with Rule 9, an affidavit in support of an application under section 69A of the Act must comply with this Rule. r. 10 -- 11 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 9 (2) The affidavit shall state— (a) whether the deponent is habitually resident in a Convention country; 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; and (b) whether the arrangements for the adoption of the child are in accordance with the requirements of the Hague Convention; and (c) whether the Central Authority of the Convention country has agreed to the adoption of the child; and (d) whether the State Central Authority has agreed to the adoption of the child. Note 1: "Convention country", "Central Authority" and "State Central Authority" are defined in section 4(1) of the Adoption Act 1984. Note 2: The requirements for intercountry adoptions are set out in articles 4 and 5 of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption signed at The Hague on 29 May 1993 (the "Hague Convention"). The Hague Convention is set out in Schedule 1 to the Adoption Act 1984. r. 10 -- 12 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 10 11. Affidavit in support under section 69B (1) In addition to complying with Rule 9, an affidavit in support of an application under section 69B of the Act must 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 country. (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; and (b) whether the arrangements for the adoption of the child are in accordance with the requirements of the Hague Convention; and (c) whether the Central Authority of the Convention country has agreed to the adoption of the child; and (d) whether the State Central Authority has agreed to the adoption of the child. Note 1: "Convention country", "Central Authority" and "State Central Authority" are defined in section 4(1) of the Adoption Act 1984. r. 11 -- 13 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 11 Note 2: The requirements for intercountry adoptions are set out in articles 4 and 5 of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption signed at The Hague on 29 May 1993 (the "Hague Convention"). The Hague Convention is set out in Schedule 1 to the Adoption Act 1984. 12. By whom affidavits sworn (1) Subject to paragraph (2), an affidavit in support of an application under the Act shall be sworn by the applicant but where the applicant cannot swear positively to all the facts of the applicant's 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 or her discretion, admit an affidavit deposing to any facts from information and belief if the Judge considers that the difficulties of obtaining a further affidavit under paragraph (1) justify that course. 13. Documents to be served on guardian (1) As soon as practicable after the issue of a summons under Rule 6, 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; and (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 7(2). r. 12 -- 14 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 12 (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 Secretary or the principal officer of an approved agency, service on the guardian and on the Secretary or the principal officer of an approved agency. 14. Filing of affidavits 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. 15. Summons to dispense with consent—Forms 4 and 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)— (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— be made by summons in Form 4 of Schedule 1. (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. r. 14 -- 15 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 13 (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 he or she considers it desirable in the interests of the child; and (b) may give any further directions he or she 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 Schedule 1. 16. Non-disclosure of applicant's name Unless the Judge hearing the application orders otherwise, 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; r. 16 -- 16 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 14 (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. 17. Appointment of day for hearing As soon as practicable after the Judge receives a report under Rule 23(2), the Judge shall— (a) appoint a day for the hearing of the application; and (b) enter the appointment on the summons issued under Rule 6. 18. Service of summons and appointment of hearing (1) When a day has been appointed for the hearing of an application for an adoption order, the applicant or the applicant's 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. r. 17 -- 17 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 15 (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 or she 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. 19. Affidavit of service Before the hearing of the application, the applicant shall file an affidavit of compliance with Rule 18 so far as it is applicable. 20. Production of child 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. 21. Application for order changing guardianship— Forms 6 and 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 Schedule 1. (2) A summons under paragraph (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 Schedule 1 and may give any directions the Judge thinks fit for the service of documents on the new guardian. r. 19 -- 18 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 16 22. Service of copy of Rules as to duty of guardian The Judge may order a copy of Rules 23 and 24 to be served on the guardian of a child who is the subject of an application for an adoption order. 23. Duties of guardian (1) The Secretary 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; and (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 9; and (c) whether the applicants satisfy the requirements prescribed under section 15(1) of the Act relating to the approval of applicants; and (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; and (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; and (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; and r. 22 -- 19 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 17 (g) whether the welfare and interests of the child will be promoted by the adoption; and (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; and (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; and (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 12 months in accordance with section 51(1)(b) of the Act while the child was in the care of the proposed adoptive parents; and r. 23 -- 20 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 18 (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; and (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; and (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; or (ii) the giving of consent or the signing of an instrument of consent to the adoption of the child; or (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; and (n) whether any and what insurance, has been effected on the life of the child or for the benefit of the child; and (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 r. 23 -- 21 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 19 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 13, 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 Secretary or the principal officer of an approved agency that the r. 23 -- 22 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 20 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) of the Act 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. (3) If the guardian is not the Secretary 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. (4) The Judge may— (a) require the guardian or the Secretary 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 Secretary 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; r. 23 -- 23 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 21 (d) if the Judge thinks it a proper case, direct that any report by the guardian or the Secretary 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. 24. Information to be confidential Subject to Rule 47, all information obtained by the guardian, the Secretary or the principal officer of an approved agency in the course of an investigation under Rule 23 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 Secretary or the principal officer of an approved agency, as the case may be. 25. Presence of parties (1) The Judge may refuse to make an order under the Act unless all parties attend personally before him or her, but he or she may dispense with the attendance of any party in any hearing under the Act. (2) The Judge may direct that— (a) any of the parties shall attend separately and apart from the others; or (b) any party or the child shall be interviewed privately by the Judge or the Prothonotary if the application is in the Supreme Court or the Registrar if the application is in the County Court. r. 24 -- 24 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 22 26. 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. 27. Where Secretary or principal officer is guardian In any case where the guardian of the child is the Secretary 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. 28. Notice of adjournment On any adjournment of a hearing, the Judge may direct to be served on any respondent not in attendance or on any other person or institution a notice of the time and place to which the hearing is adjourned. 29. Interim order—Form 8 An interim order— (a) may provide for the supervision of the child by the guardian of the child or otherwise as the Judge thinks advisable; and (b) shall be in Form 8 of Schedule 1. 30. Adoption order and certificate of adoption— Forms 9 and 10 (1) An adoption order made shall be in Form 9 of Schedule 1. (2) The certificate of adoption issued by the court under section 52 of the Act shall be in Form 10 of Schedule 1. r. 26 -- 25 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 23 31. Application to discharge adoption order—Form 11 (1) An application under section 19(1) of the Act shall be made by summons in Form 11 of Schedule 1. (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. 32. Application to vary condition on adoption of child— Forms 12 and 13 (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 12 of Schedule 1. (2) 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 13 of Schedule 1. (3) A summons under this rule shall be supported by affidavit. (4) 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). 33. Application for guardianship of non-citizen child— Forms 14 and 15 (1) An application under section 47 of the Act that the Secretary or principal officer of an approved agency be the guardian of a non-citizen child shall be made by summons in Form 14 of Schedule 1. r. 31 -- 26 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 24 (2) A summons under paragraph (1) shall be supported by affidavit disclosing any matters necessary to support the application and to define the issues. (3) A summons under paragraph (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 Secretary or principal officer be the guardian of a non-citizen child shall be in Form 15 of Schedule 1. 34. Application to restrict access of natural parent— Form 16 (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 of the Act may be revoked shall be made by summons in Form 16 of Schedule 1. (2) An application under section 48(2) of the Act shall be supported by affidavit. (3) A summons under paragraph (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. 35. Application for declaration as to foreign adoption— Forms 17 and 18 (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 of the Act applies shall be made by summons in Form 17 of Schedule 1. r. 34 -- 27 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 25 (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 the Secretary and on such other persons as the Judge directs under section 69 of the Act not less than five clear days before the hearing of the application. (4) An order making a declaration under section 69 of the Act shall be in Form 18 of Schedule 1. 36. Application under section 69H—Form 19 (1) An application under section 69H of the Act shall be made by summons in Form 19 of Schedule 1. (2) A summons under paragraph (1) shall be supported by affidavit. 37. Application under section 69I—Forms 20 and 21 (1) An application under section 69I of the Act shall be made by summons in Form 20 of Schedule 1. (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 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 21 of Schedule 1. 38. Application under section 69W—Forms 22 and 23 (1) An application under section 69W of the Act shall be made by summons in Form 22 of Schedule 1. (2) A summons under paragraph (1) shall be supported by affidavit. r. 36 -- 28 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 26 (3) A summons under paragraph (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 23 of Schedule 1. 39. Application for information—Form 24 An application by the Secretary 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 24 of Schedule 1. 40. Application for a copy of birth certificate A request under section 92(7) of the Act by the Secretary 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. 41. Application for authority to publish identity of parties—Form 25 An application for authority to publish matter to which section 121(1) of the Act applies shall be in Form 25 of Schedule 1. 42. 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— (a) the Judge shall inform the Chief Justice in writing of his or her reasons for so directing; and r. 39 -- 29 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 27 (b) 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; and (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. 43. 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 proceedings in the County Court as he or she determines, and in default of such direction the costs shall be taxed under Column B of the Scale. (2) Subject to paragraph (1), the Judge may direct that all the costs of a summons under the Act shall be borne and paid by the applicant. r. 43 -- 30 of 61 -- Part 2—Adoption Rules Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 28 44. Documents to be confidential Subject to Rule 47, 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. 45. Form of documents The forms in Schedule 1 shall be used in relation to applications under the Act and in any case where no appropriate form is included in that Schedule, the forms in use in the Court may be adopted with such variations as may be necessary. 46. Enlargement or abridgment of time The Court or a Judge may, on 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. 47. 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 24 or any document referred to in Rule 44 for the purposes only of that representation. __________________ r. 44 -- 31 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 29 SCHEDULES SCHEDULE 1 Rule 6(1) FORM 1 SUMMONS FOR ADOPTION ORDER IN THE AT *SUPREME COURT *COUNTY COURT 20 . No. IN THE MATTER of the Adoption Act 1984 AND IN THE MATTER of a child proposed to be named Applicants *TO: TAKE NOTICE that the applicants [names, addresses and occupations of applicants] have applied to the Court for an order authorizing them to adopt *jointly a child to be named [proposed name of child] under the provisions of the Adoption Act 1984. IF YOU INTEND TO OPPOSE the application you must attend before the Court at the time and place named in this summons. FILED [date] *Prothonotary/*Registrar The address for service of the applicants is— Sch. 1 -- 32 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 30 I APPOINT [insert date and time] as the day and time for the hearing of this application. Dated: Judge *delete if inapplicable __________________ Sch. 1 -- 33 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 31 Rule 7(2) FORM 2 NOTICE OF IDENTIFICATION [heading as in Form 1] TO THE *Prothonotary of the Supreme Court *Registrar of the County Court TAKE NOTICE that the above-named child described as a child proposed to be named [name of child as in heading] is identical with a child known as [name of child as recorded in the Register maintained under Part 7 of the Births, Deaths and Marriages Registration Act 1996] and born at on the [insert date and place of birth as recorded in the Register maintained under Part 7 of the Births, Deaths and Marriages Registration Act 1996] and whose mother is [name of mother as recorded in the Register maintained under Part 7 of the Births, Deaths and Marriages Registration Act 1996] and whose father is [name of father as recorded in the Register maintained under Part 7 of the Births, Deaths and Marriages Registration Act 1996] Dated: Solicitor for the Applicants *delete if inapplicable __________________ Sch. 1 -- 34 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 32 Rule 9 FORM 3 AFFIDAVIT OF APPLICANTS IN SUPPORT OF APPLICATION [heading as in Form 1] We [names and occupations] both of [address] in the State of Victoria jointly and severally make oath and say as follows: 1. That we desire to be jointly authorized under the provisions of the Adoption Act 1984 to adopt [name of child] now residing at [address]. 2. [Particulars of the identity of the child as far as known to the applicants]. 3. [Particulars of the age and sex of the applicants and (as far as known) of the child and their relationships to each other]. 4. [Particulars of the residence and domicile of each applicant]. 5. [Particulars (if known) of any person with whom the child resides or who has the care and custody of the child]. 6. [Particulars of any proceedings which have been brought or orders made by any court concerning the guardianship, care, custody or maintenance of or access to the child]. OR That we are not aware of any proceedings which have been brought before or orders which have been made by any court concerning the guardianship, care, custody or maintenance of or access to the child. 7. [Where applicable—particulars of the date and the church or other place of marriage of the applicants and the minister or other authorized person who performed the ceremony and a statement that the applicants have not been divorced or separated since the marriage] OR [Where applicable—a statement that the applicants consider that their relationship is recognized as a traditional marriage by an Aboriginal community or an Aboriginal group to which they belong and particulars of how long this relationship has been so recognized]. OR [Where applicable—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]. Sch. 1 -- 35 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 33 OR [Where applicable—where the applicants have been living with each other in any combination of the relationships referred to in paragraphs (g), (h) or (i) of Rule 9, particulars of the duration of each such relationship]. OR **[Where applicable—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]. OR **[Where applicable—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]. 8. [Particulars of any relationship between an applicant or spouse or de facto spouse of an applicant and the child]. 9. That neither of us is the mother of the child or a man who, under section 33(3) of the Act, is an appropriate person to give consent to the adoption of the child. 10. [Except as given in paragraph 7, particulars of any marriage of an applicant or the de facto spouse of an applicant and, if the marriage has been terminated, particulars of its termination—attaching to the affidavit a copy of any relevant certificate of death or decree absolute]. 11. [Particulars of income and assets of applicants]. 12. [Particulars of the children, natural or adopted, of the applicants or either of them]. 13. That as far as we are aware the child is not a non-citizen child. OR [Where the child is a non-citizen child, particulars of the persons in whose care the child has been for the preceding twelve months, particulars of any approval from the Secretary or an authorized agency under section 51(1)(a) of the Act which has been given to the applicants, particulars of any supervision of the welfare and interests of the child exercised by the Secretary or such an agency in the preceding 12 months]. 14. That we have not received or agreed to receive, and that no person has made or given or agreed to make or give to us, any payment or other reward in consideration of the adoption and that we have not made or agreed to make any payment or other reward for or in consideration of— Sch. 1 -- 36 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 34 (a) the adoption or proposed adoption of the child; (b) the giving of consent or the signing of an instrument of consent to the adoption of the child; (c) the transfer of the custody, care or control of the child with a view to the adoption of the child; (d) the making of arrangements with a view to the adoption of the child. 15. That we are not aware of any insurance having been effected on the life of the child. OR [Particulars of the amount of any insurance known to have been effected on the life of the child, and when it is due]. 16. That we have not previously applied for an adoption order in respect of the child. OR [Particulars of any previous application for an adoption order in respect of the child made by any applicant]. 17. [Particulars of any adoption order or other order under the Adoption Act 1984 or the Children and Young Persons Act 1989 [or under the Children (Guardianship and Custody) Act 1984] known to have been made in respect of the child]. 18. That we desire the said child to be registered in the name of [desired fore names and surname]. Sworn at, etc. *delete if inapplicable ** Relevant only if application is made by sole applicant. __________________ Sch. 1 -- 37 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 35 Rule 15(1) FORM 4 SUMMONS TO DISPENSE WITH CONSENT REQUIRED UNDER SECTION 33 OF THE ADOPTION ACT 1984 IN THE AT *SUPREME COURT *COUNTY COURT 20 . No. IN THE MATTER of the Adoption Act 1984 AND IN THE MATTER of [name of child] Applicants *TO: TAKE NOTICE that the applicants [names, addresses and occupations of applicants] have applied to the Court for the hearing of an application for an order dispensing with the consent of to the making of an adoption order in respect of the above-named child under the provisions of the Adoption Act 1984. IF YOU INTEND TO OPPOSE the application you must attend before the Court at the time and place named in this summons. FILED [date] THE DATE AND TIME for the hearing of this application is [insert date and time] *Prothonotary/*Registrar *delete if inapplicable __________________ Sch. 1 -- 38 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 36 Rule 15(6) FORM 5 ORDER DISPENSING WITH CONSENT [heading as in Form 4] JUDGE: DATE MADE: ORIGINATING PROCESS: HOW OBTAINED: ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor] UPON APPLICATION and upon reading the summons issued the [insert date], the affidavit of [names of applicants] and the affidavits of [names of other deponents] filed [insert date], THE COURT DIRECTS that the consent of [name] a person whose consent is required under section 33 of the Adoption Act 1984 to the adoption of the child be dispensed with. [signature of Judge] [name of Judge] *delete if inapplicable __________________ Sch. 1 -- 39 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 37 Rule 21(1) FORM 6 SUMMONS TO CHANGE GUARDIANSHIP OF CHILD [heading as in Form 4] To: [identify each party or other person to whom summons is addressed and state address of each person not a party]. You are summoned to attend before the Court on the hearing of an application by the applicants for an order that [name of proposed guardian] of [address of proposed guardian] be appointed the guardian of the above- named child for the purposes of an application by the above-named applicants for an adoption order in respect of the child. The application will be heard before the Judge in Court No. , *Supreme Court/*County Court [insert address], at [insert time] on the [insert date]. FILED [date]. This summons was filed by of , solicitor for the [identify party]. *Prothonotary/*Registrar *delete if inapplicable __________________ Sch. 1 -- 40 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 38 Rule 21(4) FORM 7 ORDER CHANGING GUARDIANSHIP OF CHILD [heading as in Form 4] JUDGE: DATE MADE: ORIGINATING PROCESS: HOW OBTAINED: ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor] UPON APPLICATION and upon reading the summons issued the [insert date], the affidavit of [names of applicants] and the affidavits of [names of other deponents] filed [insert date], THE COURT ORDERS that [name of former guardian] shall cease to be the guardian of the above-named child and that [name of guardian] of [address of guardian] shall hereafter be the guardian of the child for the purposes of an application by the above-named applicants for an adoption order in respect of the child. [signature of Judge] [name of Judge] *delete if inapplicable __________________ Sch. 1 -- 41 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 39 Rule 29(b) FORM 8 INTERIM ORDER [heading as in Form 4] JUDGE: DATE MADE: ORIGINATING PROCESS: HOW OBTAINED: ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor] UPON APPLICATION and upon reading the summons issued the [insert date], the affidavit of [names of applicants] and the affidavits of [names of other deponents] filed [insert date] and the exhibits referred to therein and UPON HEARING the solicitor for the applicants and the evidence of [name of guardian] of [address and occupation], the guardian of the above-named child, THE COURT BEING SATISFIED that it is for the benefit of the child that *he/*she should for the present be in the custody of [names of applicants] and that all the requirements of the Adoption Act 1984 have been complied with, THE COURT ORDERS that: *the following payment or reward is sanctioned, viz.: [details of authorized payment or reward]. the determination of the summons be postponed, and that the custody of the child be given to [names of applicants] or the period of from the date of this order by way of a probationary period *[and subject to the supervision of [name of guardian or other person directed to supervise], of [address and occupation], who shall be at liberty at all reasonable times to visit and interview the said child alone, and to make all necessary inquiries as to the comfort and well-being of the said child]. *And the following terms and conditions are to be observed: [details of terms and conditions to which the order for custody is subject under section 62(2) of the Act] Sch. 1 -- 42 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 40 Any of the parties, including the guardian of the said child, shall be at liberty to apply as they may be advised. [signature of Judge] [name of Judge] *delete if inapplicable __________________ Sch. 1 -- 43 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 41 Rule 30(1) FORM 9 ADOPTION ORDER [heading as in Form 1] JUDGE: DATE MADE: ORIGINATING PROCESS: HOW OBTAINED: ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor] UPON READING the summons issued the [insert date] and upon reading the affidavit(s) of [names of applicants], and the affidavits of [names of other deponents] filed [insert date] and the exhibits referred to therein, and UPON HEARING the solicitor for the applicants and the evidence of [name of guardian] of [address and occupation], the guardian of the above-named child, AND THE COURT BEING SATISFIED that it is for the benefit of the child that *he/*she should be adopted by [names of applicants] and that all the requirements of the Adoption Act 1984 have been complied with, THE COURT ORDERS that [name and occupation of applicant] of [address] *and [name and occupation of applicant] of [address] * both in the State of Victoria, be authorized to adopt the child, *subject to the following conditions imposed under section 59 of the Adoption Act 1984. [signature of Judge] [name of Judge] *delete if inapplicable __________________ Sch. 1 -- 44 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 42 Rule 30(2) FORM 10 FORM OF CERTIFICATE OF ADOPTION To [name(s) of adoptive parent(s)] This is to certify that an order was made on the [insert date of order] under the Adoption Act 1984 authorizing [name(s) of adoptive parent(s)] to adopt [name of child under the order] born at [place of birth of the child]. Dated: Judge __________________ Rule 31(1) FORM 11 APPLICATION TO DISCHARGE ADOPTION ORDER UNDER SECTION 19(1) OF THE ADOPTION ACT 1984 [heading as in Form 1] To: [identify each party or other person to whom summons is addressed and state address of each person not a party]. You are summoned to attend before the Court on the hearing of an application for an order discharging an order made [date of order] for the adoption of [name of adopted child]. The application will be heard before the Judge in Court No. , *Supreme Court/*County Court [insert address], at [insert time] on the [insert date]. FILED [date]. This summons was filed by of , solicitor for the [identify party]. *Prothonotary/*Registrar *delete if inapplicable __________________ Sch. 1 -- 45 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 43 Rule 32(1) FORM 12 SUMMONS TO VARY ADOPTION ORDER TO MAKE ORDER SUBJECT TO CONDITION [heading as in Form 1] To: [identify each party or other person to whom summons is addressed and state address of each person not a party]. You are summoned to attend before the Court on the hearing of an application under section 60 of the Adoption Act 1984 for an order that the adoption order made by the *Supreme Court/*County Court on [insert date] for the adoption of [name of adopted child] be varied to make it subject to the following condition(s)— [insert details of the relevant condition, being a condition under section 59 or 59A of the Adoption Act 1984] The application will be heard before the Judge in Court No. , *Supreme Court/*County Court [insert address], at [insert time] on the [insert date]. FILED [date]. This summons was filed by of , solicitor for the [identify party]. *Prothonotary/*Registrar *delete if inapplicable __________________ Sch. 1 -- 46 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 44 Rule 32(2) FORM 13 SUMMONS TO VARY OR REVOKE CONDITION ATTACHED TO ADOPTION ORDER UNDER SECTION 59 OF THE ADOPTION ACT 1984 [heading as in Form 1] To: [identify each party or other person to whom summons is addressed and state address of each person not a party]. You are summoned to attend before the Court on the hearing of an application for an order that a condition to which the order made [insert date of order] for the adoption of [name of adopted child] was made subject under section 59 of the Adoption Act 1984 be revoked or varied by [insert details] The application will be heard before the Judge in Court No. , *Supreme Court/*County Court [insert address], at [insert time] on the [insert date]. FILED [date]. This summons was filed by of , solicitor for the [identify party]. *Prothonotary/*Registrar *delete if inapplicable __________________ Sch. 1 -- 47 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 45 Rule 33(1) FORM 14 SUMMONS TO APPOINT GUARDIAN OF NON-CITIZEN CHILD IN THE AT *SUPREME COURT *COUNTY COURT 20 . No. IN THE MATTER of the Adoption Act 1984 AND IN THE MATTER of [name of child] [names of applicants] *Secretary to the Department of Human Services/ *Principal Officer of [name of agency] an approved agency—Applicant TAKE NOTICE that the applicants [names, addresses and occupations of applicants] have applied to the Court for an order that [Secretary or name of principal officer] of [address] be appointed the guardian of the above-named child for the purposes of making arrangements with a view to the adoption of the child. IF YOU INTEND TO OPPOSE the application you must attend before the Court at the time and place named in this summons. FILED [date] THE DATE AND TIME for the hearing of this application is [insert date and time] *Prothonotary/*Registrar The address for service of the applicants is— *delete if inapplicable __________________ Sch. 1 Sch. 1 -- 48 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 46 Rule 33(4) FORM 15 ORDER FOR GUARDIANSHIP OF NON-CITIZEN CHILD [heading as in Form 14] JUDGE: DATE MADE: ORIGINATING PROCESS: HOW OBTAINED: ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor] UPON APPLICATION and upon reading the summons issued the [insert date] and upon reading the affidavit of [names of applicants] and the affidavits of [names of other deponents] filed [insert date], THE COURT ORDERS that the *Secretary to the Department of Human Services/*principal officer of [name of agency] [name of guardian] of [address of guardian] shall hereafter be the guardian of the above-named child for the purposes of making arrangements with a view to the adoption of the child. [signature of Judge] [name of Judge] *delete if inapplicable __________________ Sch. 1 -- 49 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 47 Rule 34(1) FORM 16 SUMMONS TO RESTRICT ACCESS OF A PARENT TO A CHILD IN THE *SUPREME COURT *COUNTY COURT 20 . No. AT IN THE MATTER OF the Adoption Act 1984 AND IN THE MATTER OF [name of child] Secretary to the Department of Human Services/ *Principal Officer [name of principal officer] of [name of agency] an approved agency—Applicant. To: [identify each party or other person to whom summons is addressed and state address of each person not a party]. You are summoned to attend before the Court on the hearing of an application for an order that the access of [name of parent] a parent of the child to the child be restricted by . The application will be heard before the Judge in Court No. , *Supreme Court/*County Court [insert address], at [insert time] on the [insert date]. FILED [date]. This summons was filed by of , solicitor for the [identify party]. *Prothonotary/*Registrar *delete if inapplicable __________________ Sch. 1 -- 50 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 48 Rule 35(1) FORM 17 SUMMONS FOR DECLARATION OF RECOGNITION OF FOREIGN ADOPTION IN THE AT *SUPREME COURT *COUNTY COURT 20 . No. IN THE MATTER of the Adoption Act 1984 AND IN THE MATTER of [name of child] Applicants TAKE NOTICE that the applicants [names, addresses and occupations of applicants] have applied to the Court for the hearing of an application for an order declaring that the adoption of the above-named child was effected under the law of on the [insert date], and that the adoption is one to which section 67 of the Adoption Act 1984 applies. IF YOU INTEND TO OPPOSE the application you must attend before the Court at the time and place named in this summons. FILED [date] THE DATE AND TIME for the hearing of this application is [insert date and time] *Prothonotary/*Registrar *delete if inapplicable __________________ Sch. 1 -- 51 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 49 Rule 35(4) FORM 18 DECLARATION OF RECOGNITION OF FOREIGN ADOPTION [heading as in Form 17] JUDGE: DATE MADE: ORIGINATING PROCESS: HOW OBTAINED: ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor] UPON APPLICATION and upon reading the summons issued the [insert date] and upon reading the affidavit of [names of applicants] and the affidavits of [names of other deponents] filed [insert date], THE COURT DECLARES that the adoption of the above-named child was effected in [name of country] on the [insert date], according to the laws of that country and is an adoption to which section 67 of the Adoption Act 1984 applies. [signature of Judge] [name of Judge] *delete if inapplicable __________________ Sch. 1 -- 52 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 50 Rule 36(1) FORM 19 SUMMONS FOR TERMINATING LEGAL RELATIONSHIP UNDER SECTION 69H [heading as in Form 17] TAKE NOTICE that the applicants [names, addresses and occupations of applicants] have applied to the Court for the hearing of an application for an order under section 69H of the Adoption Act 1984 terminating the legal relationship between [name of adopted child] and [name(s) of persons who, immediately before the adoption, were the child's parents]. IF YOU INTEND TO OPPOSE the application you must attend before the Court at the time and place named in this summons. FILED [date] THE DATE AND TIME for the hearing of this application is [insert date and time] *Prothonotary/*Registrar *delete if inapplicable Dated: __________________ Sch. 1 -- 53 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 51 Rule 37(1) FORM 20 SUMMONS FOR DECLARATION UNDER SECTION 69I [heading as in Form 17] TAKE NOTICE that the applicants [names, addresses and occupations of applicants] have applied to the Court for the hearing of an application under section 69I of the Adoption Act 1984 for an order declaring that— ∗ the adoption of the above-named child, recognised under section 69D or 69E of the Act ∗ the decision made in accordance with article 27 of the Hague Convention terminating the pre-existing legal parent-child relationship is not recognised on the ground that it is manifestly contrary to public policy. IF YOU INTEND TO OPPOSE the application you must attend before the Court at the time and place named in this summons. FILED [date] THE DATE AND TIME for the hearing of this application is [insert date and time] *Prothonotary/*Registrar *delete if inapplicable __________________ Sch. 1 -- 54 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 52 Rule 37(4) FORM 21 DECLARATION UNDER SECTION 69I [heading as in Form 17] JUDGE: DATE MADE: ORIGINATING PROCESS: HOW OBTAINED: ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor] UPON APPLICATION and upon reading the summons issued the [insert date] and upon reading the affidavit of [name of applicant] and the affidavits of [names of other deponents] filed [insert date], THE COURT BEING SATISFIED that— [insert details of the relevant adoption recognised under section 69D or 69E of the Act or decision made in accordance with article 27 of the Hague Convention] is manifestly contrary to public policy, THE COURT DECLARES THAT the *adoption/*decision is not recognised. [signature of Judge] [name of Judge] *delete if inapplicable Note: Under section 69I(3) of the Adoption Act 1984, if a court declares that an adoption recognised under section 69D or 69E of the Act, or an adoption or a decision made in accordance with article 27 of the Hague Convention is not recognised, the adoption or decision has no effect in Victoria. __________________ Sch. 1 -- 55 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 53 Rule 38(1) FORM 22 SUMMONS FOR DECLARATION UNDER SECTION 69W [heading as in Form 17] TAKE NOTICE that the applicants [names, addresses and occupations of applicants] have applied to the Court for the hearing of an application under section 69W of the Adoption Act 1984 for an order declaring that the adoption of the above-named child, which is otherwise recognised under section 69U of the Act, is not recognised on the ground that it is contrary to public policy. IF YOU INTEND TO OPPOSE the application you must attend before the Court at the time and place named in this summons. FILED [date] THE DATE AND TIME for the hearing of this application is [insert date and time] *Prothonotary/*Registrar *delete if inapplicable __________________ Sch. 1 -- 56 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 54 Rule 38(4) FORM 23 DECLARATION UNDER SECTION 69W [heading as in Form 17] JUDGE: DATE MADE: ORIGINATING PROCESS: HOW OBTAINED: ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor] UPON APPLICATION and upon reading the summons issued the [insert date] and upon reading the affidavit of [name of applicant] and the affidavits of [names of other deponents] filed [insert date], THE COURT BEING SATISFIED that— [insert details of relevant adoption recognised under section 69U of the Act] is manifestly contrary to public policy, THE COURT DECLARES THAT the adoption is not recognised. [signature of Judge] [name of Judge] *delete if inapplicable Note: Under section 69W(3) of the Adoption Act 1984, if a court declares that an adoption recognised under section 69U of the Act is not recognised, the adoption has no effect in Victoria. __________________ Sch. 1 -- 57 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 55 Rule 39 FORM 24 APPLICATION FOR INFORMATION IN THE *SUPREME COURT *COUNTY COURT 20 . No. AT IN THE MATTER OF the Adoption Act 1984 IN THE MATTER OF [name of child] Secretary to the Department of Human Services Applicant TO THE *Prothonotary of the Supreme Court *Registrar of the County Court On [insert date of order], an order was made by [insert name of Judge who made the order] of the *Supreme Court/*County Court for the adoption of [name of child], the Secretary seeks the following information about the proceedings which resulted in that order [particulars of information sought] so that the Secretary may seek or obtain further information concerning [particulars of further information] which the Secretary is permitted to give to a person who applies under Part VI of the Adoption Act 1984. Dated: Secretary to the Department of Human Services *delete if inapplicable __________________ Sch. 1 -- 58 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 56 Rule 41 FORM 25 APPLICATION FOR AUTHORITY TO PUBLISH MATTER RELATING TO IDENTITY OF PARTIES IN THE *SUPREME COURT *COUNTY COURT 20 . No. AT IN THE MATTER OF the Adoption Act 1984 IN THE MATTER OF [name of adopted person] Applicant TO THE *Prothonotary of the Supreme Court *Registrar of the County Court On [insert date of order], an Order was made by [insert name of Judge who made the order] of the *Supreme Court/*County Court for the adoption of [name of adopted person]: As [name of adopted person] has attained the age of 18 years, [name of applicant] applies to the Court for authority to publish matter likely to enable the identification of [description of persons] who are persons described in section 121(1) of the Adoption Act 1984. Dated: Solicitor for the Applicant *delete if inapplicable __________________ Sch. 1 -- 59 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 57 SCHEDULE 2 Rule 3(2) REVOKED STATUTORY RULES S.R. No. Title 168/1995 Chapter IV of the Rules of the Supreme Court, the Adoption Rules 1996 82/1997 Supreme Court (Chapter IV Amendment No. 1) Rules 1997 50/1998 Supreme Court (Chapter IV Amendment No. 2) Rules 1998 112/2001 Supreme Court (Chapter IV Amendment No. 3) Rules 2001 Dated: 27 October 2005 M. L. WARREN, C.J. CHRISTOPHER MAXWELL, P. W. F. ORMISTON, J.A. STEPHEN CHARLES, J.A. PETER BUCHANAN, J.A. G. M. EAMES, J.A. P. D. CUMMINS, J. JOHN COLDREY, J. DAVID BYRNE, J. D. L. HARPER, J. H. R. HANSEN, J. PHILIP MANDIE, J. D. J. HABERSBERGER, J. JULIE DODDS-STREETON, J. Sch. 2 -- 60 of 61 -- Supreme Court (Adoption) Rules 2005 S.R. No. 133/2005 58 K. WILLIAMS, J. SIMON P. WHELAN, J. ELIZABETH HOLLINGWORTH, J. KEVIN H. BELL, J. ═══════════════ Sch. 2 -- 61 of 61 --