New South Wales Consolidated Regulations

SUPREME COURT RULES 1970 - SECT 69.1

69.1 Custody etc

(1) This rule applies to an application for an order under section 5 of the Infants’ Custody and Settlements Act of 1899 in respect of any minor.
cf Consolidated Equity Rules of 1902 , r 319.

(2) Where proceedings under that section in respect of the minor are pending in the Court:

(a) the application shall be made by motion in the proceedings, and

(b) notice of the motion shall, unless the Court otherwise orders, be served on his parents or on the guardian of his person.

(3) Where no proceedings under that section in respect of the minor are pending in the Court:

(a) proceedings for the order shall be commenced by summons, and

(b) his parents or the guardian of his person shall, unless the Court otherwise orders, be made defendants.