Childrens Court Rules 1997
Part 1 Preliminary
1 Short title
These rules may be cited as the Childrens Court Rules 1997.
2 Commencement
These rules commence on 1 October 1997.
3 Definitions
In these rules—Adoption Act application means an application to the court under the Adoption Act 2009 .approved form see section 30 .authorised officer ...authorising law ...child ...department ...director ...jurat see rule 9(3).parent ...protection application means an application to the court under the Child Protection Act 1999 , chapter 2, part 3 or 4.Trans-Tasman Proceedings Act means the Trans-Tasman Proceedings Act 2010 (Cwlth).
4 Application of rules
These rules apply to—(a) protection applications; and(b) Adoption Act applications; and(c) applications made under the Trans-Tasman Proceedings Act in any civil or criminal proceeding before the court.
Part 2 Starting proceedings
5 Starting proceedings
A proceeding is started by filing in the court a written application in the appropriate approved form for the proceeding.
6 Filing documents
(1) A party filing a document in the court must give to the registrar of the court enough copies of the document to enable the party to serve a sealed copy on—(a) for a document relating to an application under the Trans-Tasman Proceedings Act if the document also relates to an Adoption Act application—each person required, under the Adoption Act 2009 , to be served with a copy of the Adoption Act application; or(b) for another document relating to an Adoption Act application not mentioned in paragraph (a)—each person required, under the Adoption Act 2009 , to be served with a copy of the document; or(c) for a document relating to a protection application—each other party to the proceeding.(2) The document must include the address for service of the party filing it.(3) A document is filed when the registrar fixes the court’s seal on the document.(4) If the document is an application, the registrar must write on the application the date, time and place for hearing the application.
6A Guardian to be served—Adoption Act 2009
(1) This rule applies if—(a) a person is required to serve a copy of an application for dispensation on the relevant parent under the Adoption Act 2009 , section 36(1); and(b) the Guardianship and Administration Tribunal has made an order under section 30 (2) of that Act appointing a guardian for the matter of the dispensation.(2) The person must also serve a copy of the application on the guardian.
6B Guardian to be served—Child Protection Act 1999
(1) This rule applies if—(a) a person is required to serve a document under the Child Protection Act 1999 on another person; and(b) the person—(i) knows that the person to be served is an impaired person; or(ii) reasonably suspects that the person to be served is an impaired person.(2) The person must—(a) if the person does not know whether a guardian has been…