Lowe and Anor & Clayton

In the matter of Lowe and Anor & Clayton, heard before Murphy J, the applicants sought leave to commence adoption proceedings concerning a child born in August 1998. The proceedings also involved an application to dispense with service upon the respondent of certain filed documents, including an Amended Initiating Application and supporting affidavits. The applicants further sought to have the Amended Initiating Application heard on an ex parte basis.

The primary legal issues before the court were whether to grant the applicants leave to commence adoption proceedings under section 60G of the *Family Law Act 1975* (Cth), and whether to dispense with service of the Amended Initiating Application and supporting affidavits on the respondent. The court was also required to determine whether the Amended Initiating Application should proceed ex parte.

Murphy J granted leave to the applicants to commence adoption proceedings pursuant to section 60G of the *Family Law Act 1975* (Cth). The court also granted leave to dispense with service upon the respondent of the Amended Initiating Application and the affidavits filed by the applicants. Consequently, the Amended Initiating Application was ordered to be heard ex parte. In addition, orders were made to protect the privacy of the applicants and the child, including sealing original court documents and redacting identifying information from copies placed on the court file.