sec.129Application of these rules

sec.129 Application of these rules

Unless the court directs otherwise, these rules apply to the next step in a CAO proceeding, child protection proceeding or adoption proceeding started in the court, but not completed, before the commencement of this rule. If a difficulty arises in the application of subrule (1) to a particular proceeding, the court may, on application by a party or on its own initiative, make an order it considers appropriate to resolve the difficulty. In making a decision under subrule (2), the court must— consider as paramount— for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or for a decision in an adoption proceeding—the adoption principles; and also consider— any unreasonable prejudice or detriment that may be caused to a party or potential party to the proceeding; and the requirement to provide procedural fairness to another person. (sec.129-ssec.1) Unless the court directs otherwise, these rules apply to the next step in a CAO proceeding, child protection proceeding or adoption proceeding started in the court, but not completed, before the commencement of this rule. (sec.129-ssec.2) If a difficulty arises in the application of subrule (1) to a particular proceeding, the court may, on application by a party or on its own initiative, make an order it considers appropriate to resolve the difficulty. (sec.129-ssec.3) In making a decision under subrule (2), the court must— consider as paramount— for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or for a decision in an adoption proceeding—the adoption principles; and also consider— any unreasonable prejudice or detriment that may be caused to a party or potential party to the proceeding; and the requirement to provide procedural fairness to another person.

• (a) consider as paramount— (i) for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or (ii) for a decision in an adoption proceeding—the adoption principles; and
• (i) for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or
• (ii) for a decision in an adoption proceeding—the adoption principles; and
• (b) also consider— (i) any unreasonable prejudice or detriment that may be caused to a party or potential party to the proceeding; and (ii) the requirement to provide procedural fairness to another person.
• (i) any unreasonable prejudice or detriment that may be caused to a party or potential party to the proceeding; and
• (ii) the requirement to provide procedural fairness to another person.
• (i) for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or
• (ii) for a decision in an adoption proceeding—the adoption principles; and