Application of CMS and JTS - Child K-MM [2006] NSWSC 47

New South Wales Supreme Court

CITATION : Application of CMS and JTS - Child K-MM [2006] NSWSC 47

HEARING DATE(S) : Application in Chambers

JUDGMENT DATE : 10 February 2006

JURISDICTION : Equity Division Adoptions List

JUDGMENT OF : Barrett J

DECISION : Orders varying particulars in adoption order by amending year of birth

CATCHWORDS : ADOPTION - application to vary particulars in adoption order by amending year of birth - child born in remote part of Ethiopia and orphaned at early age - no reliable evidence of date of birth - observations of parents, medical evidence and opinions of teachers support conclusion that child one year younger than recorded age

Adoption Act 2000 Adoption of Children Act 1965 LEGISLATION CITED : Births, Deaths and Marriages Registration Act 1995, s.19(2) Supreme Court Rules 1970, Part 20 rule 10(1), Part 40 rule 9 Uniform Civil Procedure Rules 2005, rule 36.16

CASES CITED : Application of the Director General of the Department of Community Services [2004] NSWSC 44 Application of PMD [2004] NSWSC 556

PARTIES : CMS and JTS - Applicants KM-M - Child

FILE NUMBER(S) : SC 80114/05

COUNSEL : Parties not represented

SOLICITORS : Stormer Lawyers - Applicants

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ADOPTION ACT 2000

BARRETT J

FRIDAY, 10 FEBRUARY 2006

80114/05 APPLICATION OF CMS AND JTS – CHILD K-MM JUDGMENT 1 An adoption order and ancillary orders were made by me in these proceedings on 28 October 2005 pursuant to the Adoption Act 2000. The parents now make application for a further order. 2 So that the purpose and effect of that further order may be properly understood, I should set out in full the orders of 28 October 2005 (with names and other identifying particulars altered to preserve the confidentiality the Act requires):