GUSTZ & DENNISTON

Case

[2019] FamCA 16

22 January 2019


Details
AGLC Case Decision Date
GUSTZ & DENNISTON [2019] FamCA 16 [2019] FamCA 16 22 January 2019

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.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Standing

  • Statutory Construction

  • Remedies

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Cases Citing This Decision

3

Ophoven & Berzina [2025] FedCFamC1A 97
Sofia & Treacy [2022] FedCFamC1F 777
Cases Cited

8

Statutory Material Cited

6

H v P [2011] WASCA 78
Fleming & Schmidt [2017] FamCAFC 12
Herford & Berke (No 2) [2019] FamCAFC 182