Court Procedures Amendment Rules 2022 (No 1) (ACT)
Court Procedures Amendment Rules 2022 (No 1)
Subordinate Law SL2022-2
We, the rule-making committee, make the following rules of court under the Court Procedures Act 2004, section 7.
Dated 24 February 2022.
| Helen Murrell | Lisbeth Campbell |
| Chief Justice | Acting Chief Magistrate |
| Michael Elkaim | Glenn Theakston |
| Judge | Magistrate |
Court Procedures Amendment Rules 2022 (No 1)
Subordinate Law SL2022-2
made under the
Court Procedures Act 2004
Contents
Page
1 Name of rules 1
2 Commencement 1
3 Legislation amended 1
4 Rule 3005 (1), note 2, 1st dot point 1
5 Rule 3006 heading 1
6 Rule 3006 (1) 1
7 Rule 3010 (1) (l) 2
8 Rule 3010 (6) (d) 2
9 Rule 3021 heading 2
10 Rule 3021 (1) 2
11 Rule 3022 (1) (h) 2
12 Rule 3022 (1) (i) 3
13 Rule 3156 (1) (b) 3
14 Rule 3156 (2) 3
15 New rule 3156 (3) 3
16 Rule 3157 heading 3
17 Rule 3157 (1) 4
18 New rule 3157A 4
19 Rule 3158 (1) 5
20 Rule 3158 (1) (a), new note 5
21 Rule 3159 5
22 Rule 3160 (2) 6
23 Rule 3160 (3) 6
24 Rule 3201 (a) 6
Name of rules
These rules are the Court Procedures Amendment Rules 2022 (No 1).
Commencement
These rules commence on 1 March 2022.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
These rules amend the Court Procedures Rules 2006.
Rule 3005 (1), note 2, 1st dot point
omit
published in newspaper
substitute
published online
Rule 3006 heading
substitute
Grant of representation—notice of intention to apply to be published online etc
Rule 3006 (1)
omit
in a daily newspaper circulating generally in the ACT
substitute
online on the ACT Supreme Court website
Rule 3010 (1) (l)
substitute
(l)that notice of intention to make the application was published online on the ACT Supreme Court website, and the date the notice was published;
Rule 3010 (6) (d)
omit
published in newspaper
substitute
published online
Rule 3021 heading
substitute
Reseal of foreign grant—notice of intention to apply to be published online etc
Rule 3021 (1)
omit
in a daily newspaper circulating generally in the ACT
substitute
online on the ACT Supreme Court website
Rule 3022 (1) (h)
substitute
(h)that notice of intention to make the application was published online on the ACT Supreme Court website, and the date the notice was published;
Rule 3022 (1) (i)
omit
published in newspaper
substitute
published online
Rule 3156 (1) (b)
before
on behalf of
insert
if the order is for the adoption of a child or young person—
Rule 3156 (2)
omit everything before paragraph (a), substitute
(2)The application for an order for the adoption of a child or young person must be—
New rule 3156 (3)
insert
(3)The application for an order for the adoption of a person 18 years old or older must be supported by an affidavit in accordance with rule 3157A.
Rule 3157 heading
substitute
Adoption order—supporting affidavit for application for adoption of child or young person
Rule 3157 (1)
omit everything before paragraph (a), substitute
(1)An affidavit supporting an application for an adoption order for the adoption of a child or young person must be made by—
New rule 3157A
insert
3157AAdoption order—supporting affidavit for application for adoption of person 18 years old or older
(1)An affidavit supporting an application for an adoption order for the adoption of a person 18 years old or older must be made by—
(a)the applicant; or
(b)for a joint application—each applicant jointly.
(2)The affidavit must include a statement of the following:
(a)the age of the person to be adopted;
(b)whether consent in accordance with the requirements of the Adoption Act has been given;
(c)the nature of the relationship between the applicant and the person to be adopted;
(d)the nature of any physical, emotional, intellectual and educational care and support the person to be adopted has received from the applicant;
(e)the ordinary residence of the applicant and the person to be adopted;
(f)the applicant’s good reputation.
(3)If the affidavit is made by 2 people jointly, a reference in subrule (2) to the applicant is a reference to each of them.
Rule 3158 (1)
after
for an adoption order
insert
for the adoption of a child or young person
Rule 3158 (1) (a), new note
insert
NoteSee the Adoption Act, s 30 and the Legislation Act, s 14 for requirements in relation to an instrument of consent to an adoption.
Rule 3159
substitute
Adoption order—service of application on CYP director‑general
(1)This rule applies to an adoption order for the adoption of a child or young person.
(2)If the applicant for the adoption order is not the CYP director‑general or the principal officer of a private adoption agency, the applicant must serve a sealed copy of the application and stamped copies of the following documents on the CYP director-general not later than 28 days before the return date for the application:
(a)the affidavit under rule 3157 supporting the application;
(b)each document accompanying the application under rule 3158.
Rule 3160 (2)
after
adoption order
insert
for the adoption of a child or young person
Rule 3160 (3)
substitute
(3)A person who files a notice of opposition to an application for an adoption order must serve a stamped copy of the notice on—
(a)the applicant or applicants for the adoption order; and
(b)if the application is for the adoption of a child or young person—the CYP director-general.
(4)However, if the CYP director-general files the notice of opposition, the CYP director-general must serve a stamped copy of the notice on each person required to be served with the notice under the Adoption Act, section 39B.
Rule 3201 (a)
substitute
(a)if the application relates to an adopted child or young person—the CYP director-general; and
Endnotes
Notification
Notified under the Legislation Act on 25 February 2022.
Republications of amended laws
For the latest republication of amended laws, see align="center">© Australian Capital Territory 2022
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