Monroe and Applegate

In the matter of Monroe and Applegate, McClelland J of the Supreme Court of New South Wales considered an application by a mother and her proposed adoptive step-parent for leave to commence adoption proceedings concerning two children. The applicants sought to dispense with service of the initiating application and supporting affidavits on the respondent, and for leave to commence adoption proceedings in the Supreme Court of New South Wales.

The primary legal issues before the court were whether to grant leave to dispense with service of the originating process on the respondent, and whether to grant leave for the applicants to commence adoption proceedings under the relevant provisions of the *Family Law Act 1975* (Cth). The court was also required to consider the application of section 121 of the *Family Law Act 1975* (Cth) regarding publication restrictions.

McClelland J applied rule 7.18(1)(b) of the Family Law Rules to dispense with service of the documents on the respondent, and section 60G of the *Family Law Act 1975* (Cth) to grant leave to commence adoption proceedings. The court also ordered that, to the extent necessary, the provisions of section 121 restricting publication would not apply to any adoption application made by the applicants concerning the children.