Application of PL, re TB and FB [2007] NSWSC 665

New South Wales Supreme Court

CITATION : Application of PL, re TB and FB [2007] NSWSC 665

HEARING DATE(S) : In chambers

JUDGMENT DATE : 21 June 2007

JURISDICTION : Equity Division Adoptions List

JUDGMENT OF : Austin J

DECISION : See under heading "Conclusion"

CATCHWORDS : Adoption of children - sole application by step parent - requirements as to evidence of financial circumstances - access to s 91 report

LEGISLATION CITED : Adoption Act 2000 (NSW), ss 27, 30, 90, 91, 95, 194 Supreme Court Rules 1970, Pt 73 r 13

PL (Applicant) PARTIES : TB (Child) FB (Child)

FILE NUMBER(S) : SC 15/2007

COUNSEL : Nil

SOLICITORS : Nil

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION ADOPTIONS LIST

AUSTIN J

THURSDAY 21 JUNE 2007

15/2007 APPLICATION OF PL, RE TB AND FB JUDGMENT 1 HIS HONOUR: This is an application for adoption made by a step father who is married to and living with the birth mother of the two children who are to be adopted. The applicant is not legally represented.

2 The application is not contested. Although the applicant seeks orders dispensing with notice to and consent by the birth father and has tendered substantial evidence to support the making of those orders, and there are some other aspects of the application that have required careful attention, this is not a case where the Court would in the normal course publish reasons for judgment. However, some issues have been raised in correspondence from the applicant that need to be addressed in published reasons.

3 When I received and reviewed the Court's adoption file for the purpose of considering the application, I found that the application was deficient or in need of clarification in four respects, and on my instructions these deficiencies were drawn to the attention of the applicant in the form, in effect, of a letter of requisition.