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Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 5 August 2020 at 01:00)
Division 6 Appeals to District Court under section 91 of Children and Young Persons (Care and Protection) Act 1998
(cf DCR Part 6, rule 35)
In this Division—appeal means appeal to the District Court under section 91 of the Children and Young Persons (Care and Protection) Act 1998.child, Children’s Court, Department and Director-General have the same meanings as they have in the Children and Young Persons (Care and Protection) Act 1998.Children’s Registrar has the same meaning as it has in the Children’s Court Act 1987.
50.18 Defendants in appeal
(cf DCR Part 6, rule 37)
(1) The defendants in an appeal against a decision in respect of the care of a child are as follows—(a) if the Director-General is not the plaintiff, the Director-General,(b) if the child is of or above the age of 10 years and is not the plaintiff, the child,(c) any person (not being the plaintiff or an officer of the Department) who is responsible for the child and can reasonably be located,(d) any person (not being the plaintiff or an officer of the Department) to whom leave was granted under section 98(3) of the Children and Young Persons (Care and Protection) Act 1998 in respect of the proceedings leading to the decision,(e) any person whom the District Court orders be joined as a defendant in the appeal.(2) An order may be made as referred to in subrule (1)(e) only if the District Court considers that the person’s joinder as a defendant is necessary to the determination of the appeal.
50.19 Children’s Court record
(cf DCR Part 6, rule 41)
As soon as practicable after the filing in the Children’s Court of a copy of the summons commencing an appeal against a decision of that Court under rule 50.6, a Children’s Registrar must forward the record of the proceedings leading to the decision to the registrar of the District Court at the proclaimed place (within the meaning of the District Court Act 1973) where the listing of the appeal for directions is to occur.
50.20 Notice of fresh evidence
(cf DCR Part 6, rule 43)
If a party to an appeal against a decision intends to adduce on the appeal fresh evidence, or evidence in addition to or in substitution for the evidence on which the decision was made, the party must, as soon as practicable after becoming aware of the fresh, additional, or substituted evidence, serve on every other party notice of the nature and extent of that evidence.