County Court (Chapter II Amendment No. 11) Rules 1998 (Vic)

County Court (Chapter II Amendment No. 11)

Rules 1998

S.R. No. 37/1998

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Principal Rules	1
4.	New Order 16 inserted	1
5.	New Forms inserted	2

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NOTES 9

i

STATUTORY RULES 1998

S.R. No. 37/1998

County Court Act 1958

County Court (Chapter II Amendment No. 11)
Rules 1998

A majority of the Judges of the County Court makes the following Rules:

1. Object

The object of these Rules is to facilitate applications to the Court under the Births, Deaths and Marriages Registration Act 1996.

2. Authorising provisions

These Rules are made under section 78 of the

County Act 1958 and all other enabling powers.

3. Principal Rules

In these Rules, the County Court Miscellaneous

Rules 19891 are called the Principal Rules.

4. New Order 16 inserted

After Order 15 of the Principal Rules insert—

County Court (Chapter II Amendment No. 11) Rules 1998

r. 5 S.R. No. 37/1998

"ORDER 16—APPLICATIONS UNDER

SECTION 26(4) OF THE BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT

1996

16.01 Application of Order

This Order applies to applications to the
Court under the Births, Deaths and

Marriages Registration Act 1996.

16.02 Application for approval of a proposed

change of name for a child

(1) An application under section 26(4) of the

Act shall be—

(a) by notice in Form 2-16A; and

(b) supported by affidavit in Form 2-16B at the time the notice is filed.

(2) Unless the Court otherwise orders, a copy of

the notice and the affidavit in support shall
be served on the respondent as soon as

practicable after the notice has been filed.

16.03 Order

An order approving a proposed change of
name for a child under section 26(4) of the

Act shall be in Form 2-16C.

16.04 Other applications

Any other application to the Court under the shall be supported by affidavit.

5. New Forms inserted

After Form 2-12B to the Principal Rules insert—

County Court (Chapter II Amendment No. 11) Rules 1998

r. 5

S. R. No. 37/1998

"RULE 16.02 FORM 2-16A

NOTICE OF APPLICATION BY A CHILD'S PARENT FOR APPROVAL OF A PROPOSED CHANGE OF NAME OF A

CHILD

(Section 26(4) of the Births, Deaths and Marriages Registration

Act 1996)

In the County Court

at

A.B.	Applicant
and
C.D.	Respondent

PART 1—PARTICULARS OF APPLICATION

To the Respondent—

1.    TAKE NOTICE that the applicant, a parent of [set out full name[s] of child/children whose name[s] is/are sought to be changed] intends to apply to the Court for approval for the name[s] of—

[insert name[s] of child/children]

to be changed to—

[insert proposed name[s] for child/children].

2.    The Respondent is the other parent of the child/children referred to in paragraph 1.

[If approval is sought for changing the name of more than one child and
the Respondent is not the other parent of that child, a separate
application must be made]

Date—

[Signature]

PART 2—PARTICULARS OF HEARING

(to be completed by the Registrar)

The application will be heard before the Judge/Master in the Court, County Court, William Street, Melbourne, on [e.g. 20 June, 19 ] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows.

FILED [e.g. 15 June, 19 ].

_______________
County Court (Chapter II Amendment No. 11) Rules 1998

r. 5 S.R. No. 37/1998

RULE 16.02 FORM 2-16B

AFFIDAVIT IN SUPPORT OF APPLICATION FOR
APPROVAL OF A PROPOSED CHANGE OF NAME OF A

CHILD

[heading as in application]

1. name of applicant

I, [], c/o the Registrar, County Court at [or name[s] of child/children whose name[s] *is/*are sought to be changed].

2.      The date of birth of [name of child] is—

[Insert extra name[s] and dates[s] of birth if application is for more
than one child and the Respondent is the other parent of the other
child/children]

3.      The other parent of the *child/*children is the Respondent in these proceedings whose full name and address is—

[Insert details]

*4. That I was married to the Respondent at on [insert date].

or

*4.	That I had a de facto relationship with the Respondent from [insert date].
5.	That I last resided with the Respondent on [insert date].
6.	[If applicable] That I was divorced from the Respondent in the Family Court of Australia at on [insert date].
7.	I *have made/*can make the following attempts to contact the Respondent about this application—
[Insert details]
8.	The Respondent last *had/*sought personal contact with the *child/*children on—
[Insert details]
9.	The Respondent last contributed to the financial support of the *child/*children on [insert date].

*10. The following order was made by the Court at on [insert date] with respect to the *residence of and parental contact with/ *custody of and access to the *child/*children—

County Court (Chapter II Amendment No. 11) Rules 1998

S.R. No. 37/1998 r. 5

or

*10 No Court orders have been made with respect to the residence of and
parental contact with/*custody of and access to the *child/*children.

11.    I believe that it is in the best interests of the *child/*children that the name[s] of the *child/*children be changed for the following reasons—

[Set out reasons] *delete if inapplicable

Sworn etc.

_______________
County Court (Chapter II Amendment No. 11) Rules 1998

r. 5 S.R. No. 37/1998

RULE 16.03 FORM 2-16C

ORDER APPROVING A PROPOSED CHANGE OF NAME

FOR A CHILD

JUDGE [or MASTER]:

DATE MADE:

HOW OBTAINED:

Application dated , 19 supported by affidavit sworn 19 .

ORDER:

The Court being satisfied that the proposed change of name is in the child's best interests APPROVES of the proposal of the applicant that the name of [full name of child] who was born on [insert date] be changed to [insert

proposed name].

[If order is for approval for changing the names of more than one child, a

separate order is required for each child].

_______________
County Court (Chapter II Amendment No. 11) Rules 1998

S.R. No. 37/1998 r. 5

RULE 16.04 FORM 2-16D

NOTICE OF APPLICATION

(Section of the Births, Deaths and Marriages Registration Act 1996)

In the County Court

at

A.B.	Applicant
*and
*C.D.	*Respondent

PART 1—PARTICULARS OF APPLICATION

*To the Respondent—

TAKE NOTICE that the applicant intends to apply to the Court for the following orders under the above Act—

[set out orders sought]

PART 2—PARTICULARS OF HEARING

(to be completed by the Registrar)

The application will be heard before the Judge/Master in the Court,
County Court, William Street, Melbourne, on [e.g. 20 June, 19 ] at a.m.

[or p.m.] or so soon afterwards as the business of the Court allows.

FILED [e.g. 15 June, 19 ].
*delete where no respondent".

County Court (Chapter II Amendment No. 11) Rules 1998

S.R. No. 37/1998 r. 5

Dated: 31 March 1998

G. R. D. WALDRON, Chief Judge	R. G. WILLIAMS
P. U. RENDIT	FRED DAVEY
PAUL R. MULLALY	M. G. McINERNEY
W. M. R. KELLY	T. G. WODAK
JOHN K. NIXON	F. J. SHELTON
FRANK WALSH	WILLIAM R. WHITE
W. FAGAN	A. P. DUCKETT
J. R. HANLON	MARILYN HARBISON
M. C. KIMM	J. M. PANNAM
F. B. LEWIS	CAROLYN DOUGLAS
CHESTER KEON-COHEN	TIM WOOD
B. STOTT	IAN C. ROBERTSON
A. F. SMITH	G. R. ANDERSON
J. H. BARNETT

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County Court (Chapter II Amendment No. 11) Rules 1998

S.R. No. 37/1998 Notes

NOTES

1 S.R. No. 181/1989. Reprinted to S.R. No. 145/1994 and subsequently

amended by S.R. Nos 146/1995, 165/1996 and 129/1997.