Falconio & Anor and Conchita

In the matter of *Falconio & Anor and Conchita*, heard before Faulks DCJ, the dispute concerned an application for adoption of two children, G and E, by the applicants, Mr Falconio and his partner, against the objection of the respondent father, Mr Conchita. The proceedings were brought in the ACT Supreme Court.

The primary legal issues before the Court were whether to grant the applicants leave to proceed with their adoption application, and whether to dispense with the consent of the respondent father to the adoption of the children. The Court was required to consider the relevant provisions of the *Family Law Act 1975* (Cth) and the *Adoption Act 1993* (ACT).

His Honour Faulks DCJ, applying section 60G of the *Family Law Act 1975* (Cth), granted the applicants leave to proceed with their adoption application. Furthermore, pursuant to section 35(1)(e) of the *Adoption Act 1993* (ACT), the Court dispensed with the consent of the respondent father to the adoption of G and E. The Court's reasoning for dispensing with consent was not detailed in the provided text, but the orders indicate a determination that it was appropriate to do so.

Consequently, all applications by Mr Conchita in relation to the children were discharged, and all outstanding applications were withdrawn and dismissed. The Court also directed that a memorandum be issued to the relevant South Australian authorities to amend official records concerning the adoptions.