Application of ARD and RGD; re FGG and the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth) [2014] NSWSC 1963

Supreme Court New South Wales

Medium Neutral Citation: Application of ARD and RGD; re FGG and the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth) [2014] NSWSC 1963 Hearing dates: In Chambers Date of orders: 03 September 2014 Decision date: 01 September 2014 Jurisdiction: Equity - Adoptions List Before: Robb J Decision: On the basis that this court is satisfied that it may, in accordance with regulation 15 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998, make the following orders in these proceedings

(1) The court authorises, in accordance with that Regulation, ARD and RGD to adopt in Australia FGG, a child from the Republic of Philippines, a Convention country.

(2) The court approves the following forenames of the child: FG

(3) The court approves the following surname of the child: D Catchwords: FAMILY LAW AND CHILD WELFARE – ADOPTION – child from a Convention country – Application of reg 15 Family Law (Hague Convention on Intercountry Adoption) Regulation 1998 – Adoption Act 2000 (NSW) not applicable – Meaning of arrangements for adoption – Required evidence – Proof that arrangements for adoption are in accordance with the laws of the State of origin – Application of presumption of regularity Legislation Cited: Adoption Act 2000 (NSW) Commonwealth Constitution Family Law Act 1975 (Cth) Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Application of MGO and AAO; Re LDC [2011] NSWSC 951 BP Exploration Co (Libya) Ltd v Hunt [1980] 1 NSWLR 496 Carpenter v Carpenter Grazing Co Pty Ltd (1987) 5 ACLR 506 Darley Australia Pty Ltd v Walfertan Processors Pty Ltd [2012] NSWCA 48 Dietrich v R (1992) 177 CLR 292 Hill v Woollahra Municipal Council (1987) 9 NSWLR 154 Minister for Foreign Affairs and Trade v Mango (1992) 37 FCR 298 Minister for Immigration and Ethnic Affairs v Teoh (1998) 183 CLR 273 Minogue v Williams [2000] FCA 125; (2000) 60 ALD 366 R E and the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 [2010] NSWSC 1313 Re J and the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth) [2009] NSWSC 471 Re S and Adoption Act 2000 (NSW) (No 2) [2006] NSWSC 1438; (2006) 68 NSWLR 467 Re Susan [2009] NSWSC 592 Category: Principal judgment Parties: ARD (first plaintiff) RGD (second plaintiff) Representation: Solicitors: McPhee Kelshaw Solicitors (plaintiffs) File Number(s): 182/2013 Publication restriction: None