Supreme Court (Chapter IV Amendment No. 2) Rules 1998 (Vic)

Supreme Court (Chapter IV Amendment No. 2)

Rules 1998

S.R. No. 50/1998

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Principal Rules	1
4.	Amendment of Rule 6—Affidavit in support of application	1
5.	Amendment of Form 3—Affidavit in support of application	2

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NOTES 5

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STATUTORY RULES 1998

S.R. No. 50/1998

Supreme Court Act 1986

Adoption Act 1984

Supreme Court (Chapter IV Amendment No. 2)

Rules 1998

The Judges of the Supreme Court make the following Rules:

1. Object

The object of these Rules is to make miscellaneous amendments to the Principal Rules.

2. Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986, section 6(2) of the Adoption Act 1984 and all other enabling

powers.

3. Principal Rules

In these Rules, the Adoption Rules 19961 are called the Principal Rules.

4.  Amendment of Rule 6—Affidavit in support of application

(a)

In Rule 6(1) of the Principal Rules, for "(ha) where the applicants are living together

in a de facto relationship, whether they
have been so living for two years or

more and whether either is married;

(hb) where the applicants have been living

with each other in a combination of the

Supreme Court (Chapter IV Amendment No. 2) Rules 1998

r. 5	S.R. No. 50/1998
relationships referred to in paragraphs (g), (h) and (ha), particulars of the duration of each such relationship;

(i)  where an applicant is married and the spouse is not an applicant, whether the applicant is living with the spouse and, if so, whether the spouse consents to the adoption order;

(ia) where an applicant is living in a de facto relationship and the de facto spouse is not an applicant, whether the

de facto spouse consents to an adoption
order and whether the applicant or the

de facto spouse is married;

(j)	whether an applicant or the spouse of an applicant or the de facto spouse of an applicant is a relative of the child and, if so, how he or she is related to the child;
(k)	whether an applicant is a man who, under section 33(3) of the Act, is an appropriate person to give consent to

the adoption of the child;

(l) where an applicant or the de facto spouse of an applicant has previously been married, particulars of each such marriage and of its termination (the affidavit to have attached to it a copy of any relevant certificate of death or decree absolute);".

5.  Amendment of Form 3—Affidavit in support of application

In Form 3 to the Principal Rules—

(a) in paragraph 7, after "relationship has been so recognized)." insert—

Supreme Court (Chapter IV Amendment No. 2) Rules 1998

S.R. No. 50/1998 r. 5

"OR

(Where applicable—where the applicants are living
together in a de facto relationship, whether they have
been so living for two years or more and whether

either is married).

OR

(Where applicable—where the applicants have been
living with each other in any combination of the
relationships referred to in paragraphs (g), (h) or
(ha) of Rule 6(1), particulars of the duration of each

such relationship).

OR

*(Where applicable—where an applicant is married
and the spouse is not an applicant, whether the
applicant is living with the spouse and, if so, whether

the spouse consents to the adoption order).

OR

*(Where applicable—where an applicant is living in a de facto relationship and the de facto spouse is not an applicant, whether the de facto spouse consents to an adoption order AND whether the applicant or the de facto spouse is married).";

(b)	in paragraph 8 for "any applicant" insert "an applicant or spouse or de facto spouse of an applicant";
(c)	for paragraph 10, substitute—

"10. (Except as given in paragraph 7, particulars of any marriage of an applicant or the de facto spouse of an applicant and, if the marriage has been terminated, particulars of its termination—attaching to the affidavit a copy of any relevant certificate of death or decree absolute).";

(d)	at the end of the form insert—
"* Relevant only if application is made by sole applicant.".

Supreme Court (Chapter IV Amendment No. 2) Rules 1998

r. 5 S.R. No. 50/1998

Dated: 1 May 1998

JOHN WINNEKE, P.
ROBERT BROOKING, J.A.
R. C. TADGELL, J.A.
W. F. ORMISTON, J.A.
JOHN D. PHILLIPS, J.A.
J. M. BATT, J.A.
SUSAN KENNY, J.A.
PETER BUCHANAN, J.A.
BARRY BEACH, J.
G. HAMPEL, J.
BERNARD G. TEAGUE, J.
P. D. CUMMINS, J.
T. H. SMITH, J.
JOHN J. HEDIGAN, J.
J. A. COLDREY, J.
DAVID BYRNE, J.
D. L. HARPER, J.
G. M. EAMES, J.
H. R. HANSEN, J.
PHILIP MANDIE, J.
ROSEMARY BALMFORD, J.
ALEX CHERNOV, J.

MURRAY B. KELLAM, J.

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Supreme Court (Chapter IV Amendment No. 2) Rules 1998

S.R. No. 50/1998 Notes

NOTES

1 Rule 3: S.R. No. 168/1995 as amended by S.R. No. 82/1997.