Dunstan & Dunstan

Case

[2021] FamCA 239

23 April 2021


Details
AGLC Case Decision Date
Dunstan & Dunstan [2021] FamCA 239 [2021] FamCA 239 23 April 2021

CaseChat Overview and Summary

In the matter of *Dunstan & Dunstan*, Ms Dunstan and Mr Dunstan applied to the court for leave to commence proceedings for the step-parent adoption of a child. The application was heard by Hogan J in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether to grant the applicants leave to commence proceedings for the adoption of the child, X, by Mr Dunstan, pursuant to section 60G(1) of the *Family Law Act 1975* (Cth). Additionally, the court considered an application to dispense with the usual requirement to serve the Initiating Application and supporting affidavits.

Hogan J granted the applicants leave to commence adoption proceedings. The court also dispensed with the requirement for service of the Initiating Application and supporting affidavits, finding it appropriate in the circumstances of the case. The orders were subsequently amended to correct the spelling of the child's name.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

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