Re S & the Adoption Act 2000 (NSW) [2005] NSWSC 1346

New South Wales Supreme Court

CITATION : Re S & the Adoption Act 2000 (NSW) [2005] NSWSC 1346

JUDGMENT DATE : 19 December 2005

JUDGMENT OF : White J

DECISION : See paragraph 39 of judgment.

CATCHWORDS : ADOPTION - Application to adopt children from the Philippines - Philippines is a convention country for the purposes of The Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption - Commonwealth regulations provide a regime for intercountry adoptions between convention countries - Where Commonwealth regulations inapplicable if State has enacted laws having same or comparable effect - Where application for adoption was made under Adoption Act (NSW) - Whether NSW legislation has the same or comparable effect to the Commonwealth regulations - Possible inconsistency between State and Commonwealth legislation gives rise to s 109 question - Direct that notices under s 78B of Judiciary Act be given.

Adoption Act 2000 (NSW) Judiciary Act 1903 (Cth) Inter-country Adoption Act (Philippines) LEGISLATION CITED : Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 Immigration (Guardianship of Children) Act 1946 (Cth) Family Law Act 1975 (Cth) Corporations Act 2001 (Cth)

Re K and the Adoption Act 2000 [2005] NSWSC 858 Re KN and the Adoption Act 2000 [2005] NSWSC 896 Re DYK & The Adoption Act 2000 [2005] NSWSC 1045 Narain v Purnell (1986) 9 FCR 479 State Bank of NSW v Commonwealth Savings Bank of Australia (1986) 4 NSWLR 549 Chief Executive Officer of Customs v El Hajje (2005) 79 ALJR 1289 CASES CITED : Cheng v R (2000) 203 CLR 248 Re Judiciary and Navigation Acts (1921) 29 CLR 257 Belton v General Motors-Holden's Ltd (No. 1) (1984) 55 ALR 142 Renouf v Renouf (1987) 93 FLR 256; 12 Fam LR 43 Director of Public Prosecutions (VIC) v Loo (2002) 42 ACSR 459 Loo v DPP (VIC) [2005] VSCA 161