Breen and Fisher and Anor
Case
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[2020] FamCA 514
•22 June 2020
Details
AGLC
Case
Decision Date
Breen and Fisher and Anor [2020] FamCA 514
[2020] FamCA 514
22 June 2020
CaseChat Overview and Summary
In the matter of *Breen and Fisher and Anor*, Forrest J of the Federal Circuit and Family Court of Australia considered an application by Mr Breen for leave to make an application for the adoption of two children, X and Y, by their step-father, Mr Breen. The application was made pursuant to section 60G of the *Family Law Act 1975* (Cth).
The central legal issue before the court was whether to grant Mr Breen leave to proceed with his adoption application under the *Adoption Act 2009* (Qld). This required the court to consider the specific provisions of section 60G of the *Family Law Act 1975* which governs when a person may apply for an order under a prescribed overseas adoption law or a prescribed state adoption law.
Forrest J granted leave to Mr Breen. While the provided text does not detail the specific reasoning or the legal principles applied beyond the reference to s 60G, the granting of leave indicates that the court was satisfied that the criteria for making such an application under the relevant legislation had been met.
Consequently, Forrest J ordered that leave be granted to the applicant, Mr Breen, to make an application pursuant to the *Adoption Act 2009* (Qld) for the adoption of the children, X and Y, by their step-father, Mr Breen. The form of this order was subject to its formal entry in the Court's records.
The central legal issue before the court was whether to grant Mr Breen leave to proceed with his adoption application under the *Adoption Act 2009* (Qld). This required the court to consider the specific provisions of section 60G of the *Family Law Act 1975* which governs when a person may apply for an order under a prescribed overseas adoption law or a prescribed state adoption law.
Forrest J granted leave to Mr Breen. While the provided text does not detail the specific reasoning or the legal principles applied beyond the reference to s 60G, the granting of leave indicates that the court was satisfied that the criteria for making such an application under the relevant legislation had been met.
Consequently, Forrest J ordered that leave be granted to the applicant, Mr Breen, to make an application pursuant to the *Adoption Act 2009* (Qld) for the adoption of the children, X and Y, by their step-father, Mr Breen. The form of this order was subject to its formal entry in the Court's records.
Details
Key Legal Topics
Areas of Law
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Family Law
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Statutory Interpretation
Legal Concepts
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Jurisdiction
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Standing
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Statutory Construction
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