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

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

Section 30(b) of the Adoption Act 2000 (NSW) required that the step-parent must have lived with the child and the child's birth or adoptive parent for a period of not less than three years immediately before the application for the adoption order was made. The language is clear, the necessary conditions for judicial implication of other words are not met, and the Court cannot alter the statutory requirements. Therefore, the adoption order cannot be made and the appeal fails.

Jurisdiction
Australia
Judgment Date
14 September 2007
Procedural Posture
Appeal / Judgment on Appeal and Application for Leave to Appeal
Outcome
Appeal dismissed after leave to appeal was granted; no order as to costs; liberty to apply for different costs order granted to Second Respondent.
Legal Topics
['adoption of Adults' 'appeal Procedures' 'implying Words in Statutes' 'step Parent Adoption']
['family Law' 'statutory Interpretation'] ['adoption of Adults' 'appeal Procedures' 'implying Words in Statutes' 'step Parent Adoption']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal and Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether s. 30(b) of the Adoption Act 2000 (NSW) prevents the making of the adoption order for an adult by a step-parent and birth parent' 'Whether leave to appeal is required in a non-monetary matter under s 101(2)(r) Supreme Court Act 1970 (NSW)' 'Whether words can be implied into s. 30(b) to relax the qualifying period requirement']

Ratio Decidendi

Section 30(b) of the Adoption Act 2000 (NSW) required that the step-parent must have lived with the child and the child's birth or adoptive parent for a period of not less than three years immediately before the application for the adoption order was made. The language is clear, the necessary conditions for judicial implication of other words are not met, and the Court cannot alter the statutory requirements. Therefore, the adoption order cannot be made and the appeal fails.

Court Disposition

Appeal dismissed after leave to appeal was granted; no order as to costs; liberty to apply for different costs order granted to Second Respondent.

Orders

  • ['Leave to appeal granted with effect from 9 January 2007 so as to deem the appeal instituted that day to be competent.' 'Dispense with further compliance with the Rules.' 'Appeal dismissed.' 'No order as to costs.' 'Liberty to the Second Respondent to apply for a different order for costs within 14 days by lodging...