Breen and Fisher and Anor

Case

[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.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Standing

  • Statutory Construction

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