Occo and McAllen

In the matter of Occo and McAllen, heard by O'Reilly J in the Family Court of Australia, the applicants sought leave to commence adoption proceedings for a child, Y, born in September 2000. The primary dispute concerned the proper method of serving the respondent, presumably the child's other parent, with the application for leave. The applicants had attempted service by post to the respondent's last known address.

The court was required to determine whether the attempted service by postage on 21 June 2010 was effective and, if not, whether it should be deemed good service. Additionally, the court had to consider whether to grant the applicants leave to commence adoption proceedings pursuant to section 60G of the *Family Law Act 1975* (Cth).

O'Reilly J found that the attempted service by postage to the respondent's last known address was sufficient. The judge reasoned that the circumstances warranted deeming this service as good service, thereby dispensing with any further attempts at service. This determination paved the way for the court to consider the substantive application for leave to commence adoption proceedings.

Consequently, the court ordered that the attempted service by postage be deemed good service and that further service be dispensed with. The court also granted Mrs Occo and Mr Occo leave to commence proceedings for the adoption of Y.