C & C

Case

[2004] FamCA 708

6 August 2004


Details
AGLC Case Decision Date
C & C [2004] FamCA 708 [2004] FamCA 708 6 August 2004

CaseChat Overview and Summary

The parties in this matter were C and C. The dispute concerned an application for an order for the registration of a child, born in 2019, as a child of the marriage between the parties. The application was heard by Moore J of the Federal Court of Australia.

The central legal issue before the court was whether the child, born in 2019, should be registered as a child of the marriage between C and C, pursuant to section 60H of the *Family Law Act 1975* (Cth). This section deals with the presumption of parentage in circumstances where a child is born during a marriage.

Moore J considered the evidence before the court, including the fact that the child was born during the marriage of C and C. The court applied the presumption of parentage under section 60H of the *Family Law Act 1975* (Cth), which presumes that a child born during a marriage is the child of the married couple. In the absence of any evidence to rebut this presumption, the court found that the child was a child of the marriage.

The court ordered that the child be registered as a child of the marriage between C and C.
Details

Areas of Law

  • Administrative Law

  • Civil Procedure

Legal Concepts

  • Judicial Review

  • Jurisdiction

  • Standing

  • Procedural Fairness

  • Natural Justice

  • Costs

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Cases Citing This Decision

2

Irish & Michelle [2009] FamCA 66
Barak and Veitch [2008] FMCAfam 335
Cases Cited

0

Statutory Material Cited

0