Hanlon & Hanlon (No. 3)

In *Hanlon & Hanlon (No. 3)*, Ms Hanlon sought leave from the Federal Circuit and Family Court of Australia to commence adoption proceedings concerning a child, X. The biological father of X was deceased, and the step-father had already been granted leave to commence adoption proceedings. The primary dispute revolved around whether Ms Hanlon should be granted leave to commence her own adoption proceedings, considering the existing proceedings and the potential impact on her parental responsibility under section 61E of the *Family Law Act 1975* (Cth) if the step-father's adoption were successful.

The central legal issue before Gill J was whether to grant Ms Hanlon leave under section 60G of the *Family Law Act 1975* (Cth) to commence adoption proceedings. This required the court to consider the specific circumstances, including the deceased biological father, the existing leave granted to the step-father, and the implications for Ms Hanlon's parental rights and responsibilities.

Gill J reasoned that granting Ms Hanlon leave was appropriate in the circumstances. The court acknowledged the deceased biological father and the step-father's existing application, but determined that Ms Hanlon also had a right to pursue adoption proceedings. The court's decision implicitly recognised that multiple parties might seek to adopt and that Ms Hanlon's existing parental responsibility, even in the context of a potential adoption by the step-father, warranted consideration through her own application.

The court ordered that Ms Hanlon be granted leave to commence adoption proceedings in relation to X. The proceedings were adjourned for further directions and potential further hearing, with parties permitted to file additional affidavit material, proposed orders, and written submissions by a specified date. Access to the court file was restricted, subject to the provisions of the *Adoption Act 1993* (ACT).