GUSTZ & DENNISTON

Case [2019] FamCA 16

FAMILY COURT OF AUSTRALIA

GUSTZ & DENNISTON [2019] FamCA 16
FAMILY LAW – CHILDREN – Parentage – artificial insemination – presumptions of parentage – whether same sex couple was in de facto relationship at time of artificial conception procedure – witness credibility – whether the procedure was consented to by the applicant – Family Court of Australia in Canberra exercising its cross-vested jurisdiction from the Supreme Court of the Australian Capital Territory.
Births Deaths and Marriages Act 1997 s 15
Family Law Act 1975 (Cth) ss 4AA, 60H, 69S and 69VA
Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) s 9(3)
Legislation Act 2001 (ACT) s 169(1) and (2)
Parentage Act 2004 (ACT) ss 8, 11 and 19
Family Law Regulations 1984 (Cth)
Bernieres & Anor v Dhopal & Anor (2018)57 Fam LR 149
Clarence v Crisp (2016) 55 Fam LR 292
Crosby & Anor v Kelly[1][2012] FCAFC 96
Farnell v Chanbua (2016) 56 Fam LR 84
Fleming v Schmidt [2017] FamCAFC 12
H v P [2011] WASCA 78
Lynam v Director-General of Social Security (1983) 52 ALR 128 at 131
Mason v Mason [2013] FamCA 424
Sinclair & Whittaker (2013) FLC 93-551
APPLICANT: Ms Gustz
RESPONDENT: Ms Denniston
FILE NUMBER: CAC 1096 of 2017
DATE DELIVERED: 22 January 2019
PLACE DELIVERED: Canberra
PLACE HEARD: Canberra
JUDGMENT OF: Gill J
HEARING DATE: 30 and 31 January 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr G Howard
SOLICITOR FOR THE APPLICANT: Farrar Gesini Dunn
COUNSEL FOR THE RESPONDENT: Ms M Davis
SOLICITOR FOR THE RESPONDENT: Women’s Legal Centre

Orders

  1. It is declared that:

    a)For the purposes of the Family Law Act 1975 Ms Gustz is declared a parent of B, born … 2015.

    b)Pursuant to s 19 of the Parentage Act 2004 (ACT) Ms Gustz is declared a parent of B, born … 2015.

  2. It is ordered that:

    a)Pursuant to s 15 of the Births Deaths and Marriages Act 1997 (ACT), Ms Gustz be included in the register kept under s 39 of the Births Deaths and Marriages Act 1997 (ACT) as a parent of B, born … 2015.

    b)That Ms Gustz serve upon the Registrar General of the Australian Capital Territory a sealed copy of these Orders forthwith.

  3. It is requested that:

    a)In accordance with s 16 of the Births Deaths and Marriages Act 1997 (ACT) the Registrar General amend the register accordingly.

  4. It is ordered that the matter is adjourned to 12 March 2019 at 2pm for further directions and for consideration as to whether the balance of the proceedings should be transferred to the Federal Circuit Court.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Gustz & Denniston has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical…

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Details
AGLC
GUSTZ & DENNISTON [2019] FamCA 16
Case
[2019] FamCA 16
Decision Date

CaseChat Overview and Summary

In the matter of Gustz and Denniston, Gill J of the Family Court of Australia considered a dispute concerning the parentage of a child, B, born in 2015. The proceedings involved an application to have Ms Gustz declared a parent of the child.

The court was required to determine whether Ms Gustz should be declared a parent of B for the purposes of the *Family Law Act 1975* and pursuant to section 19 of the *Parentage Act 2004* (ACT). Additionally, the court considered the necessary steps to ensure Ms Gustz's inclusion as a parent on the relevant birth register.

Gill J declared Ms Gustz to be a parent of B under both the *Family Law Act 1975* and the *Parentage Act 2004* (ACT). The court further ordered that Ms Gustz be included in the register kept under section 39 of the *Births Deaths and Marriages Act 1997* (ACT) as a parent of B, and directed that a sealed copy of the orders be served on the Registrar General of the Australian Capital Territory. The Registrar General was requested to amend the register accordingly. The matter was adjourned for further directions and consideration of a potential transfer to the Federal Circuit Court.

Orders

Orders of the court

1.

It is declared that:

a) For the purposes of the Family Law Act 1975 Ms Gustz is declared a parent of B, born … 2015.

b) Pursuant to s 19 of the Parentage Act 2004 (ACT) Ms Gustz is declared a parent of B, born … 2015.

2.

It is ordered that:

a) Pursuant to s 15 of the Births Deaths and Marriages Act 1997 (ACT), Ms Gustz be included in the register kept under s 39 of the Births Deaths and Marriages Act 1997 (ACT) as a parent of B, born … 2015.

b) That Ms Gustz serve upon the Registrar General of the Australian Capital Territory a sealed copy of these Orders forthwith.

3.

It is requested that:

a) In accordance with s 16 of the Births Deaths and Marriages Act 1997 (ACT) the Registrar General amend the register accordingly.

4.

It is ordered that the matter is adjourned to 12 March 2019 at 2pm for further directions and for consideration as to whether the balance of the proceedings should be transferred to the Federal Circuit Court.

Note: The form of the order is subject to the entry of the order in the Court’s records.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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