New South Wales
Court of Appeal
CITATION: RE DG AND THE ADOPTION ACT 2000 [2007] NSWCA 241 HEARING DATE(S): 01/09/2007
JUDGMENT DATE:
14 September 2007JUDGMENT OF: Santow JA at 1; Basten JA at 2; Handley AJA at 17 DECISION: 1. Leave to appeal granted with effect from 9 January 2007 so as to deem the appeal instituted that day to be competent; 2. Dispense with further compliance with the Rules; 3. Appeal dismissed; 4. No order as to costs; 5. Liberty to the Second Respondent to apply for a different order for costs within 14 days by lodging written submissions in the submissions box on Level 12 and serving a copy on the solicitors for the Appellants. CATCHWORDS: APPEAL – APPEAL AS OF RIGHT – MONETARY THRESHOLD – NON-MONETARY ISSUES - ADOPTION – ADOPTION OF ADULT – BY STEP-PARENT - STATUTE – CONSTRUCTION – WHEN WORDS CAN BE IMPLIED LEGISLATION CITED: Adoption Act 2000 (NSW), ss24, 27, 28, 30, 95, Sch 3
Adoption Amendment Act 2006 (NSW) , Sch 1
Family Law Act 1975 (Cth)
Supreme Court Act 1970 (NSW), s 101CASES CITED: Clyne v NSW Bar Association (1960) 104 CLR 186
Cooper Brookes (Wollongong) Pty Limited v F C T (1981) 147 CLR 297
Jones v Wrotham Park Settled Estates [1980] AC 74
Kammins Ballrooms Co. Ltd v Zenith Investments (Torquay) Ltd [1971] AC 850
Laker Airways Ltd v Department of Trade [1977] QB 643
Parrett v Secretary, Department of Family and Community Services (2002) 124 FCR 299
R v Young (1999) 46 NSWLR 681
Re DG and the Adoption Act 2000 [2006] NSWSC 968
Re Director-General, Department of Community Services (NSW), Adoption of DR by DCB and HMB (2000) 26 Fam LR 107
Re Lockwood [1958] Ch 231
Saraswati v R (1991) 172 CLR 1
Thornton v Brunsden (1956) 56 SR (NSW) 265PARTIES: Demetrius James Galanakis
Catherine Galanakis
Diana Artemis Galanakis
Director-General of DOCSFILE NUMBER(S): CA 40642/2006 COUNSEL: 1st & 2nd Appellants - M. Anderson
1st Respondent - M. Anderson
2nd Respondent - Ms M. EnglandSOLICITORS: 1st & 2nd Appellants - Gwynne Thompson Solicitors
1st Respondent - Not legally represented
2nd Respondent - Crown SolicitorsLOWER COURT JURISDICTION: Supreme Court - Equity Division LOWER COURT FILE NUMBER(S): SC 69/2006 LOWER COURT JUDICIAL OFFICER: Austin J LOWER COURT DATE OF DECISION: 19/09/2007 LOWER COURT MEDIUM NEUTRAL CITATION: [2006] NSWSC 968
CA 40642/06
Friday 14 September 2007SANTOW JA
BASTEN JA
HANDLEY AJA
APPEAL – APPEAL AS OF RIGHT – MONETARY THRESHOLD – NON-MONETARY ISSUES
ADOPTION – ADOPTION OF ADULT – BY STEP-PARENT
STATUTE – CONSTRUCTION – WHEN WORDS CAN BE IMPLIED
The appellants, the step-father and mother of DG, a 35-year-old married woman, applied to adopt her. The primary judge rejected the application because of s. 30(b) of the Adoption Act 2000, as DB had not been living with the appellants for the required period immediately before the application was made. The appellants argued that words were…
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- Case
- [2007] NSWCA 241
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court of Appeal was whether the *Adoption Act 2000* allowed for the adoption of an adult by a step-parent, and if so, under what conditions. This required the court to consider the statutory construction of the Act, specifically whether words could be implied into the legislation to permit or prohibit such adoptions, and whether the monetary threshold for appeals applied to non-monetary issues such as this.
The Court of Appeal reasoned that the *Adoption Act 2000* did not, by its plain language, permit the adoption of an adult by a step-parent. The court found no basis to imply words into the statute that would extend its operation to such a scenario, and determined that the appeal was not subject to the monetary threshold. Consequently, leave to appeal was granted, but the appeal itself was dismissed. The court made no order as to costs, but provided liberty to the Second Respondent to apply for a different costs order within 14 days.
Orders
Orders of the court
1. Leave to appeal granted with effect from 9 January 2007 so as to deem the appeal instituted that day to be competent; 2. Dispense with further compliance with the Rules; 3. Appeal dismissed; 4. No order as to costs; 5. Liberty to the Second Respondent to apply for a different order for costs within 14 days by lodging written submissions in the submissions box on Level 12 and serving a copy on the solicitors for the Appellants.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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