Furesh v Schor

Case

[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.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Inherent Jurisdiction

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Cases Citing This Decision

56

Cases Cited

20

Statutory Material Cited

1

Hallett v Cottam [2007] WASC 147