Australian Capital Territory Current Acts

PARENTAGE ACT 2004 - SECT 22

    (1)     The Supreme Court may, by order, annul a parentage declaration if—

        (a)     the court considers that facts exist, or circumstances have arisen, that—

              (i)     were not disclosed to the court before the declaration was made; and

              (ii)     could not, by the exercise of reasonable diligence, have been disclosed to the court by the applicant when the application for the declaration was heard; and

              (iii)     are material to the question whether the relationship stated in the declaration exists; and

        (b)     after considering those facts or circumstances the court is not satisfied that the relationship is established.

    (2)     However, subsection (1) (a) (ii) does not apply if the applicant for the order is—

        (a)     a person who was a child when the declaration was made; or

        (b)     the registrar-general.

    (3)     If the Supreme Court makes an order annulling a declaration—

        (a)     the declaration ceases to have effect; and

        (b)     the annulment does not affect anything done relying on the declaration before the order was made.

    (4)     If the Supreme Court makes an order annulling a declaration, it may make the ancillary orders (including orders varying property rights) that it considers just and equitable to place everyone affected by the annulment as far as practicable in the position each person would have been in if the declaration had not been made.