Application of "PMD" [2004] NSWSC 556

New South Wales Supreme Court

CITATION : Application of "PMD" [2004] NSWSC 556 HEARING DATE(S) : Application in Chambers JUDGMENT DATE : 25 June 2004

JURISDICTION: Equity Division Adoption List JUDGMENT OF : Palmer J DECISION : Application granted; Adoption Order varied; direction issued to Registrar of Births, Deaths and Marriages to alter birth certificate.

CATCHWORDS : ADOPTIONS - ORDERS - BIRTH CERTIFICATE - PROCEDURE - Application to vary birth date shown in adoption order and in birth certificate issued pursuant to that order - power of the Court to make such an order. - Adoption Act 2000 (NSW) - s.212, Schedule 3 LEGISLATION CITED : - Adoption of Children Act 1965 (NSW) - s.18, s.65 - Births, Deaths and Marriages Registration Act 1995 (NSW)- s.19 - Supreme Court Rules - Pt 20 r10, Pt 40 r9, Pt 73 r11 CASES CITED : - Application of Director General of the Department of Community Services [2004] NSWSC 44 PARTIES : "PMD" - Applicant "MD" - Child FILE NUMBER(S) : SC 80045/00 COUNSEL : Nil SOLICITORS : Nil

Introduction

1 On 24 November 2000, Bryson J (as he then was) made an order in these proceedings under s.18 Adoption of Children Act 1965 (NSW) for the adoption of the child MF (now MD), in favour of the applicant for the Adoption Order, PMD (the "Adoption Order"). 2 PMD now seeks orders correcting what she claims is an error as to the birth date of MD recorded in the Particulars of the Adoption Order. Because these proceedings were commenced prior to the coming into force of the Adoption Act 2000 (NSW), they remain subject to the Adoption of Children Act 1965 by virtue of s.212 and Schedule 3 Adoption Act 2000 . Accordingly, I have treated PMD's application as "an application to the Court under the (Adoption of Children) Act" pursuant to Pt 73 r11(1) Supreme Court Rules as they were in force before the commencement of the Adoption Act 2000 . The relief sought is not, in my opinion, of such a nature as to require the service of notice on the Director-General of the Department of Community Services in accordance with the Adoption of Children Act 1965 . Therefore, in accordance with Pt 73 r11(3), I have dealt with this application in chambers without the attendance of PMD or the Director-General. Background to present application