Australian Capital Territory Current Acts

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PARENTAGE ACT 2004 - SECT 16

Further application for parentage declaration

    (1)     This section applies if—

        (a)     an application for a parentage declaration (or an appeal against an order dismissing an application) has been dismissed because the relationship claimed in the application has not been established; or

        (b)     a parentage declaration has been set aside on appeal because the relationship stated in the declaration has not been established.

    (2)     The applicant may make another application to the Supreme Court for the declaration sought in the original application if—

        (a)     facts or circumstances that existed when the original application was heard were not disclosed to the court; and

        (b)     the applicant—

              (i)     did not know of those facts or circumstances at that time or

              (ii)     could not, by the exercise of reasonable diligence, have discovered those facts or circumstances before that time.

    (3)     On an application under this section, the court must receive the evidence given at the hearing of the original application as well as any evidence relating to facts or circumstances mentioned in subsection (2) (a).

    (4)     The court must dismiss an application under this section if, at the end of the evidence presented by the applicant, the court finds that the evidence relating to the facts and circumstances mentioned in subsection (2) (a) is not material to establishing the existence of the relationship that the applicant claims to exist or wishes to be decided.



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