QLDIn ForceAct
Adoption Act 2009
sec.221How to apply
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### sec.221 How to apply
An application for the discharge of a final adoption order must be made to the Supreme Court.
The application must state the ground on which it is made.
As soon as practicable after filing the application in the court, the applicant must serve a copy of it on each party to the adoption and, if the applicant is not the chief executive, on the chief executive.
A served copy must state where and when the application is to be heard.
A copy served on a person who is a party to the adoption, other than the adopted person, must also state that the application may be heard and decided even though the person does not appear in court.
The court may dispense with the requirement to serve a copy of the application on a person who is a party to the adoption, other than the adopted person, if the court is satisfied the applicant—
can not establish the person’s identity after making all reasonable enquiries; or
can not locate the person after making all reasonable enquiries.
(sec.221-ssec.1) An application for the discharge of a final adoption order must be made to the Supreme Court.
(sec.221-ssec.2) The application must state the ground on which it is made.
(sec.221-ssec.3) As soon as practicable after filing the application in the court, the applicant must serve a copy of it on each party to the adoption and, if the applicant is not the chief executive, on the chief executive.
(sec.221-ssec.4) A served copy must state where and when the application is to be heard.
(sec.221-ssec.5) A copy served on a person who is a party to the adoption, other than the adopted person, must also state that the application may be heard and decided even though the person does not appear in court.
(sec.221-ssec.6) The court may dispense with the requirement to serve a copy of the application on a person who is a party to the adoption, other than the adopted person, if the court is satisfied the applicant— can not establish the person’s identity after making all reasonable enquiries; or can not locate the person after making all reasonable enquiries.
- (a) can not establish the person’s identity after making all reasonable enquiries; or
- (b) can not locate the person after making all reasonable enquiries.