Furesh v Schor
Case
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[2013] WASCA 231
•3 OCTOBER 2013
Details
AGLC
Case
Decision Date
Furesh v Schor [2013] WASCA 231
[2013] WASCA 231
3 OCTOBER 2013
CaseChat Overview and Summary
The applicants, Furesh, sought an order for the defendant, Schor, to submit to a mouth swab to provide a sample for DNA analysis to determine the issue of paternity. The matter was heard in the Family Court of Australia. The applicants sought an order that Schor submit to a mouth swab to provide a sample for DNA analysis to determine whether he was the father of the applicants' child. The court had to determine whether it had the inherent jurisdiction to make such an order.
The court noted that inherent jurisdiction was a residual power of the court to do all that was necessary to achieve justice in the circumstances. The court held that it did have the inherent jurisdiction to make the order sought by the applicants. The court considered that the order was necessary to achieve justice in the circumstances, as it would enable the issue of paternity to be determined. The court held that the order was not an interference with Schor's personal autonomy, as he had the right to refuse to submit to the mouth swab. The court also held that the order was not an interference with Schor's personal autonomy, as he had the right to refuse to submit to the mouth swab.
The court made the order sought by the applicants, that Schor submit to a mouth swab to provide a sample for DNA analysis to determine whether he was the father of the applicants' child. The court held that the order was necessary to achieve justice in the circumstances, as it would enable the issue of paternity to be determined.
The court noted that inherent jurisdiction was a residual power of the court to do all that was necessary to achieve justice in the circumstances. The court held that it did have the inherent jurisdiction to make the order sought by the applicants. The court considered that the order was necessary to achieve justice in the circumstances, as it would enable the issue of paternity to be determined. The court held that the order was not an interference with Schor's personal autonomy, as he had the right to refuse to submit to the mouth swab. The court also held that the order was not an interference with Schor's personal autonomy, as he had the right to refuse to submit to the mouth swab.
The court made the order sought by the applicants, that Schor submit to a mouth swab to provide a sample for DNA analysis to determine whether he was the father of the applicants' child. The court held that the order was necessary to achieve justice in the circumstances, as it would enable the issue of paternity to be determined.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Inherent Jurisdiction
Actions
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Citations
Furesh v Schor [2013] WASCA 231
Most Recent Citation
Falconer v Commissioner of Police [No 2] [2024] WASCA 47
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