The Adoption of K [2019] NSWSC 309

The Adoption of K [2019] NSWSC 309

Although the evidence showed that adoption was in K's interests, K was under 18 and no report had been obtained under Adoption Act 2000 (NSW), s 91(1). The wording of s 91(1) is imperative, s 91(5) does not qualify it, and no other provision was identified giving the Court power to dispense with the requirement. The Court therefore had no power to make an adoption order immediately and had to stand the proceedings over to allow a compliant report to be provided.

Jurisdiction
Australia
Judgment Date
20 March 2019
Procedural Posture
Application for Adoption Order / Procedural Ruling on Application Before Making of Adoption Order
Outcome
Proceedings stood over; leave granted to counsel for the plaintiffs to approach Chambers for the making of an adoption order when further evidence has been obtained; copy of judgment to be made available for transmission to US immigration authorities.
Legal Topics
['adoption' 'adoption Report Requirement' 'adoption Act 2000 (nsw), S 91' 'child Welfare']
['family Law'] ['adoption' 'adoption Report Requirement' 'adoption Act 2000 (nsw), S 91' 'child Welfare']

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Procedural Posture

Application for Adoption Order / Procedural Ruling on Application Before Making of Adoption Order

Legal Issues

  1. 1 ['Whether the Court could make an adoption order for K without a written report concerning the proposed adoption under Adoption Act 2000 (NSW), s 91(1).' 'Whether the Court had power to dispense with the requirement for a report under Adoption Act 2000 (NSW), s 91(1).' 'Whether the proceedings should be adjourned to allow a report to be provided.']

Ratio Decidendi

Although the evidence showed that adoption was in K's interests, K was under 18 and no report had been obtained under Adoption Act 2000 (NSW), s 91(1). The wording of s 91(1) is imperative, s 91(5) does not qualify it, and no other provision was identified giving the Court power to dispense with the requirement. The Court therefore had no power to make an adoption order immediately and had to stand the proceedings over to allow a compliant report to be provided.

Court Disposition

Proceedings stood over; leave granted to counsel for the plaintiffs to approach Chambers for the making of an adoption order when further evidence has been obtained; copy of judgment to be made available for transmission to US immigration authorities.

Orders

  • ['Grant leave to counsel for the plaintiffs to approach Chambers for the making of an adoption order when further evidence has been obtained.' "Order that a copy of this judgment in the form in which I have delivered it (identifying the parties by their full names) be made available to the plaintiffs' legal...