Re Sarah

This matter concerned an application for leave to appeal concerning issues of child welfare and adoption under state legislation. The dispute arose from an instrument of consent to adoption where it was not apparent that the child's counsellor had certified the child's understanding of the instrument's effect. Furthermore, there was no notification of the putative birth father, nor any order dispensing with his consent. The proceedings were heard by Meagher, Barrett and Ward JJA.

The primary legal issues before the Court were whether the requirements of the relevant state legislation regarding the certification of the child's understanding by their counsellor and the notification of the putative birth father had been met, and if not, whether it was in the best interests of the child to grant leave to appeal in light of these circumstances.

The Court considered the provisions of the relevant state legislation and the circumstances surrounding the consent to adoption. It appears the Court found that the procedural requirements had not been adequately met. However, despite these deficiencies, the Court ultimately determined that it was not in the best interests of the child to grant leave to appeal.

The Court ordered an extension of time for the application for leave to appeal to 5 November 2013. The application for leave to appeal was dismissed, as was the first respondent's notice of motion dated 27 August 2013. The applicant was ordered to pay the respondents' costs of these proceedings.