RE DG AND THE ADOPTION ACT 2000 [2007] NSWCA 241

New South Wales Court of Appeal

CITATION: RE DG AND THE ADOPTION ACT 2000 [2007] NSWCA 241

HEARING DATE(S): 01/09/2007

JUDGMENT DATE: 14 September 2007

JUDGMENT OF: Santow JA at 1; Basten JA at 2; Handley AJA at 17

DECISION: 1. Leave to appeal granted with effect from 9 January 2007 so as to deem the appeal instituted that day to be competent; 2. Dispense with further compliance with the Rules; 3. Appeal dismissed; 4. No order as to costs; 5. Liberty to the Second Respondent to apply for a different order for costs within 14 days by lodging written submissions in the submissions box on Level 12 and serving a copy on the solicitors for the Appellants.

CATCHWORDS: APPEAL – APPEAL AS OF RIGHT – MONETARY THRESHOLD – NON-MONETARY ISSUES - ADOPTION – ADOPTION OF ADULT – BY STEP-PARENT - STATUTE – CONSTRUCTION – WHEN WORDS CAN BE IMPLIED

Adoption Act 2000 (NSW), ss24, 27, 28, 30, 95, Sch 3 LEGISLATION CITED: Adoption Amendment Act 2006 (NSW) , Sch 1 Family Law Act 1975 (Cth) Supreme Court Act 1970 (NSW), s 101

Clyne v NSW Bar Association (1960) 104 CLR 186 Cooper Brookes (Wollongong) Pty Limited v F C T (1981) 147 CLR 297 Jones v Wrotham Park Settled Estates [1980] AC 74 Kammins Ballrooms Co. Ltd v Zenith Investments (Torquay) Ltd [1971] AC 850 Laker Airways Ltd v Department of Trade [1977] QB 643 CASES CITED: Parrett v Secretary, Department of Family and Community Services (2002) 124 FCR 299 R v Young (1999) 46 NSWLR 681 Re DG and the Adoption Act 2000 [2006] NSWSC 968 Re Director-General, Department of Community Services (NSW), Adoption of DR by DCB and HMB (2000) 26 Fam LR 107 Re Lockwood [1958] Ch 231 Saraswati v R (1991) 172 CLR 1 Thornton v Brunsden (1956) 56 SR (NSW) 265