Holden & Britten

In the matter of Holden & Britten, Murphy J of the Family Court of Australia considered an application by the applicants for leave to commence adoption proceedings concerning two children, E and Y, born in March 1997. The precise nature of the dispute leading to this application was not detailed, but the core of the matter concerned the procedural step of obtaining judicial permission to initiate formal adoption proceedings.

The primary legal issue before the Court was whether to grant leave to the applicants pursuant to section 60G of the *Family Law Act 1975* (Cth). This section governs the circumstances under which a person may commence proceedings for an adoption order, requiring judicial discretion to be exercised in favour of the applicant. The Court was therefore tasked with determining if the applicants had satisfied the criteria necessary for such leave to be granted.

Murphy J granted the application, exercising the discretion vested in the Court under section 60G of the *Family Law Act 1975*. The Court's reasoning, though not elaborated upon in the provided text, would have involved an assessment of the applicants' suitability and the best interests of the children, E and Y, as contemplated by the Act. The outcome of this assessment led to the Court's decision to permit the commencement of adoption proceedings.

Consequently, the Court ordered that pursuant to section 60G of the *Family Law Act 1975*, leave be granted to the applicants to commence adoption proceedings for the children E and Y.