Walter and Smith

In *Walter and Smith*, heard before O’Reilly J, the applicant sought orders deeming service of certain documents upon the respondent to be good service, and for leave to commence adoption proceedings. The specific nature of the dispute leading to the need for substituted service or a declaration of good service was not detailed, but the application concerned the adoption of a child, J.

The primary legal issues before the court were whether the service of documents, as described in the supporting affidavits, should be deemed good service upon the respondent, and whether the applicants, Mrs Walter and Mr Walter, should be granted leave to commence adoption proceedings pursuant to section 60G of the *Family Law Act 1975* (Cth).

O’Reilly J considered the evidence presented in the affidavits of several individuals, including solicitors, a paralegal assistant, and commercial agents, detailing the attempts made to serve the respondent. Based on this evidence, the court was satisfied that the service effected was sufficient to warrant being deemed good service. Furthermore, the court found that the criteria for granting leave to commence adoption proceedings under section 60G of the *Family Law Act 1975* were met.

Consequently, the court made orders deeming the service effected by the applicant’s solicitors to be good service upon the respondent. Additionally, the court granted Mrs Walter and Mr Walter leave to commence proceedings for the adoption of J.