AM v Commonwealth of Australia & Ors.doc; AM, Ex parte - re Judges of Family Court

The applicant, AM, sought orders in the nature of prohibition and certiorari against the Commonwealth of Australia and the Judges of the Family Court of Australia. The dispute concerned the jurisdiction of the Family Court to make certain orders in relation to children.

The primary legal issue before the Court was whether the Family Court had jurisdiction to make orders concerning children in circumstances where the parents were not married and had not previously been in a de facto relationship. Specifically, the Court was asked to determine if the *Family Law Act 1975* (Cth) conferred jurisdiction in such a scenario.

Callinan J considered the relevant provisions of the *Family Law Act 1975* (Cth), particularly those relating to the definition of "child of a marriage" and the court's jurisdiction in relation to children. His Honour concluded that the Act's jurisdictional reach was confined to children of a marriage or children of a de facto relationship. As the applicant's children did not fall within these categories, the Family Court lacked the necessary jurisdiction to make the orders sought.

The application was dismissed.