NSW UCPR Form 4A - Summons - Filing Party Legally Represented

Form 4A (version 4) UCPR 6.2 SUMMONS FOR ADOPTION

COURT DETAILS Court Supreme Court of New South Wales

Division Equity Division

List Adoptions List

Registry Sydney

Case number Proceedings No. A

TITLE OF PROCEEDINGS Adoption Act 2000

Plaintiff [name]

Child [name]

Child’s date of birth [date of birth]

FILING DETAILS Filed for [name] plaintiff[s]

Legal representative [solicitor on record] [firm]

Legal representative reference [reference number]

Contact name and telephone [name] [telephone] 2

HEARING DETAILS

[delete option 1 or 2]

Option 1 - The Plaintiff requests that, unless the Court directs otherwise, the application be dealt with in the absence of the public but in the presence of the plaintiff, proposed adoptive applicants and //Child/Children//. [In uncontested matters this means that the adoption order will be made in court in the presence of the child and proposed adoptive family].

Option 2 – The Plaintiff requests that, unless the Court directs otherwise, the application be dealt with in the absence of the public, plaintiff, proposed adoptive applicants and //Child/Children//. [In uncontested matters this means that the adoption order will be made by a Judge in Chambers].

Do not state a return date for the Summons: see r. 56.2(3) of the Uniform Civil Procedure Rules 2005.

Once proceedings have been commenced in relation to any person, any further proceedings under the Adoption Act 2000 relating to that person (whether or not they form part of, or relate to, the original proceedings) are to be commenced by notice of motion filed in the original proceedings: see r. 56.1) of the UCPR.

TYPE OF CLAIM Children, Family and De Facto Relationships – Adoptions 3

[on separate page]

[Note: If the completed RELIEF CLAIMED will fit in the available space appearing after TYPE OF CLAIM on the first page of this form, you may delete the page break, include the RELIEF CLAIMED on the first page and start this page with SIGNATURE OF LEGAL REPRESENTATIVE.]

RELIEF CLAIMED

The plaintiff claims –

1. [if required] An order pursuant to Adoption Act 2000, s. 67(1)(d) [or insert relevant section], that the consent of the child's birth mother be dispensed with.

2. [if required] An order pursuant to Adoption Act 2000, s. 67(1)(d) [or insert relevant section], that the consent of the child's birth father be dispensed with.

3. [if required] An order pursuant to Adoption Act 2000, s. 88(1)(4), that the giving of notice to the child’s birth //Mother / Father// be dispensed with. [DELETE IF NOT APPLICABLE]

4. An order for the adoption of the child //first, LAST// in favour of the adopting parents //f irst, LAST// and //first, LAST//.

5. An order approving the name “//insert Surname//" as the surname and “[insert Given name/s]" as the given names of the child.

6. [if required] An order that the adoption plan dated //dated// be registered.

Note the effect of s. 60F of the Family Law Act 1975 (“FLA”) is that where one of the applicants is a divorced birth parent of the child then, despite an Order for Adoption being made in the Supreme Court, that child remains a child of the marriage between the divorced parents for the purposes of the FLA, unless leave is obtained under s. 60G to commence adoption proceedings. Because an application for leave under s. 60G falls within the meaning of “special federal matters” under s. 3(ab) of the Jurisdiction of Courts (Cross- Vesting) Act 1987 (Cth), leave must be obtained from the Family Court and not in the adoption application before the Supreme Court. A failure to obtain leave from the Family Court does not prevent the Supreme Court from making an Adoption Order, but the adoption order in those circumstances does not affect legal parental rights and responsibility of the birth parents. 4

PARTICULARS

CHILD SURNAME: [surname] OTHER NAMES: [other names] SEX: [male / female] DATE OF BIRTH: [DD MMMM YYYY]

BIRTH FATHER’S SURNAME: [surname] OTHER NAMES: [other names] BIRTH MOTHER’S SURNAME [surname] BIRTH MOTHER’S MAIDEN SURNAME: [maiden surname] OTHER NAMES: [other names]

ADOPTING PARENT(S) SURNAME: [surname] OTHER NAMES: [other names] OCCUPATION: [enter details] ADDRESS: [Town, State] AND SURNAME: [surname] OTHER NAMES: [other names] OCCUPATION: [enter details] ADDRESS: [Town, State]

SIGNATURE OF LEGAL REPRESENTATIVE

#This summons does not require a certificate under clause 4 of Schedule 2 to the Legal Profession Uniform Law Application Act 2014.

#I certify under clause 4 of Schedule 2 to the Legal Profession Uniform Law Application Act 2014 that there are reasonable grounds for believing on the basis of provable facts and a reasonably arguable view of the law that the claim for damages in these proceedings has reasonable prospects of success.

I have advised the plaintiff[s] that court fees may be payable during these proceedings. These fees may include a hearing allocation fee. 5

Signature Capacity [eg solicitor on record, contact solicitor] Date of signature

NOTICE TO DEFENDANT

If your solicitor, barrister or you do not attend the hearing, the court may give judgment or make orders against you in your absence. The judgment may be for the relief claimed in the summons and for the plaintiff’s costs of bringing these proceedings.

Before you can appear before the court you must file at the court an appearance in the approved form.

HOW TO RESPOND

Please read this summons very carefully. If you have any trouble understanding it or require assistance on how to respond to the summons you should get legal advice as soon as possible.

You can get further information about what you need to do to respond to the summons from:

 A legal practitioner.

 LawAccess NSW on 1300 888 529 or at www.lawaccess.nsw.gov.au.

 The court registry for limited procedural information.

Court forms are available on the UCPR website at www.ucprforms.justice.nsw.gov.au or at any NSW court registry.

REGISTRY ADDRESS Street address Law Courts Building Queens Square SYDNEY NSW 2001 Postal address GPO Box 3 SYDNEY NSW 2001 Telephone 02 9230 8111 6

[on separate page]

FURTHER DETAILS ABOUT PLAINTIFF[S]

[First] plaintiff Name Address #[unit/level number] #[building name] [The filing party must give the party's address.] [street number] [street name] [street type] [suburb/city] [state/territory] [postcode] #[country (if not Australia)] #Frequent user identifier [include if the plaintiff is a registered frequent user] [repeat the above information as required for the second and each additional plaintiff]

Legal representative for plaintiff[s] Name [name of solicitor on record] Practising certificate number Firm [name of firm] #Contact solicitor [include name of contact solicitor if different to solicitor on record] Address #[unit/level number] #[building name] [street number] [street name] [street type] [suburb/city] [state/territory] [postcode] DX address Telephone Fax Email Electronic service address [#email address for electronic service eg [email protected] #Not applicable]