Supreme Court (Chapter IV Amendment No. 2) Rules 1998

i Supreme Court (Chapter IV Amendment No. 2) Rules 1998 S.R. No. 50/1998 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Principal Rules 1 4. Amendment of Rule 6—Affidavit in support of application 1 5. Amendment of Form 3—Affidavit in support of application 2 ═══════════════ NOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 1998 S.R. No. 50/1998 Supreme Court Act 1986 Adoption Act 1984 Supreme Court (Chapter IV Amendment No. 2) Rules 1998 The Judges of the Supreme Court make the following Rules: 1. Object The object of these Rules is to make miscellaneous amendments to the Principal Rules. 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. 3. Principal Rules In these Rules, the Adoption Rules 1996 1 are called the Principal Rules. 4. Amendment of Rule 6—Affidavit in support of application (a) In Rule 6(1) of the Principal Rules, for paragraphs (i) to (l) substitute— "(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 -- 2 of 6 -- S.R. No. 50/1998 Supreme Court (Chapter IV Amendment No. 2) Rules 1998 2 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);". 5. Amendment of Form 3—Affidavit in support of application In Form 3 to the Principal Rules— (a) in paragraph 7, after "relationship has been so recognized)." insert— r. 5 -- 3 of 6 -- S.R. No. 50/1998 Supreme Court (Chapter IV Amendment No. 2) Rules 1998 3 " 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). 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 (ha) of Rule 6(1), 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)."; (b) in paragraph 8 for "any applicant" insert "an applicant or spouse or de facto spouse of an applicant"; (c) for paragraph 10, substitute— "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)."; (d) at the end of the form insert— "* Relevant only if application is made by sole applicant.". r. 5 -- 4 of 6 -- S.R. No. 50/1998 Supreme Court (Chapter IV Amendment No. 2) Rules 1998 4 Dated: 1 May 1998 JOHN WINNEKE, P. ROBERT BROOKING, J.A. R. C. TADGELL, J.A. W. F. ORMISTON, J.A. JOHN D. PHILLIPS, J.A. J. M. BATT, J.A. SUSAN KENNY, J.A. PETER BUCHANAN, J.A. BARRY BEACH, J. G. HAMPEL, J. BERNARD G. TEAGUE, J. P. D. CUMMINS, J. T. H. SMITH, J. JOHN J. HEDIGAN, J. J. A. COLDREY, J. DAVID BYRNE, J. D. L. HARPER, J. G. M. EAMES, J. H. R. HANSEN, J. PHILIP MANDIE, J. ROSEMARY BALMFORD, J. ALEX CHERNOV, J. MURRAY B. KELLAM, J. ═══════════════ r. 5 -- 5 of 6 -- S.R. No. 50/1998 Supreme Court (Chapter IV Amendment No. 2) Rules 1998 5 NOTES 1 Rule 3: S.R. No. 168/1995 as amended by S.R. No. 82/1997. Notes -- 6 of 6 --