Oliphant and Pinney

In the matter of *Oliphant and Pinney*, O’Reilly J of the Family Court of Australia considered an application for deemed good service of documents and for leave to commence adoption proceedings. The applicants, Mrs and Mr Oliphant, sought to adopt twins, R and L, born in January 2003. The respondent, Mr Pinney, was the father of the twins.

The court was required to determine two principal issues. Firstly, whether service of documents by Kerry Barnes Lawyers, effected by airmail to the respondent’s parents’ address in London, should be deemed good service. Secondly, whether the applicants should be granted leave, pursuant to section 60G of the *Family Law Act 1975* (Cth), to commence proceedings for the adoption of the twins.

O’Reilly J reasoned that the service by airmail to the respondent’s parents’ address in London was appropriate, deeming it good service of the documents in question, which were described in correspondence dated 28 April 2010 and 1 July 2010. The court further found that the applicants had satisfied the requirements of section 60G of the *Family Law Act 1975* (Cth), granting them leave to commence adoption proceedings.

Consequently, the court ordered that the service by Kerry Barnes Lawyers by postage to the respondent by Air Mail of the specified documents be deemed good service. The court also ordered that pursuant to s60G of the *Family Law Act 1975* (Cth), Mrs Oliphant and Mr Oliphant have leave to commence proceedings for the adoption of R and L.