Budd and Allison

Case

[2008] FamCA 1048

14 November 2008


Details
AGLC Case Decision Date
Budd and Allison [2008] FamCA 1048 [2008] FamCA 1048 14 November 2008

CaseChat Overview and Summary

In *Budd and Allison*, the applicants, Mrs Budd and Mr Budd, sought leave to commence adoption proceedings for a child born in August 1996. The matter came before the court for determination of whether such leave should be granted.

The primary legal issue before the court was whether to grant leave pursuant to section 60G of the *Family Law Act 1975* to commence adoption proceedings. This section governs the commencement of proceedings relating to children and requires leave in certain circumstances.

The court granted leave to the applicants, Mrs Budd and Mr Budd, to commence proceedings for the adoption of the child. However, the court also ordered that the Initiating Application filed on 21 October 2008 be dismissed and removed from the pending list.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Statutory Construction

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