Carter and Jackson

In the matter of *Carter and Jackson*, heard before Mushin J, the applicants, Mrs Carter and Mr Carter, sought leave to institute adoption proceedings concerning a child born in December 1997. The respondent, Mr Jackson, was also a party to the proceedings.

The primary legal issue before the Court was whether to grant the applicants leave to commence adoption proceedings, pursuant to section 60G(1) of the *Family Law Act 1975*. This section governs the circumstances under which proceedings for adoption may be instituted.

Mushin J granted the applicants leave to institute proceedings in a court of competent jurisdiction in Victoria for the adoption of the child. However, the operation of this order was suspended until 4:00 pm on Monday, 16 March 2009, or further order. The Court also ordered that the engrossment of the order be expedited and that a sealed copy be served personally on the respondent within seven days. Liberty was reserved to Mr Jackson to apply to vary or set aside these orders, with any such application to be filed and served no later than 4:00 pm on Tuesday, 10 March 2009, and to be supported by an affidavit explaining his non-appearance and any other appropriate matters. All other applications were dismissed.