sec.49Notice of application

sec.49 Notice of application

As soon as practicable after filing an application for an order dispensing with the need for the consent of a stated party, the applicant must serve a copy of the application on— the stated party; and each other party who is an applicant for the cultural recognition order; and the commissioner. A served copy must state where and when the application is to be heard. A copy served on the stated party must also state that the application may be heard and decided even though the party does not appear in court. The court may dispense with the requirement to serve a copy of the application on the stated party if the court is satisfied of any of the following matters— the applicant can not establish the identity of the party after making all reasonable enquiries; the applicant can not locate the party after making all reasonable enquiries; the conception of the person the subject of the application for a cultural recognition order was a result of an offence committed by the party; there would be an unacceptable risk of harm to the birth mother of the person the subject of the application for a cultural recognition order if the party were made aware of the person’s birth or the application for a cultural recognition order; there are other special circumstances for dispensing with the requirement to serve a copy of the application. (sec.49-ssec.1) As soon as practicable after filing an application for an order dispensing with the need for the consent of a stated party, the applicant must serve a copy of the application on— the stated party; and each other party who is an applicant for the cultural recognition order; and the commissioner. (sec.49-ssec.2) A served copy must state where and when the application is to be heard. (sec.49-ssec.3) A copy served on the stated party must also state that the application may be heard and decided even though the party does not appear in court. (sec.49-ssec.4) The court may dispense with the requirement to serve a copy of the application on the stated party if the court is satisfied of any of the following matters— the applicant can not establish the identity of the party after making all reasonable enquiries; the applicant can not locate the party after making all reasonable enquiries; the conception of the person the subject of the application for a cultural recognition order was a result of an offence committed by the party; there would be an unacceptable risk of harm to the birth mother of the person the subject of the application for a cultural recognition order if the party were made aware of the person’s birth or the application for a cultural recognition order; there are other special circumstances for dispensing with the requirement to serve a copy of the application.

• (a) the stated party; and
• (b) each other party who is an applicant for the cultural recognition order; and