Keane and Keane and Anor
[2009] FamCA 24
•13 January 2009
FAMILY COURT OF AUSTRALIA
| KEANE & KEANE AND ANOR | [2009] FamCA 24 |
| FAMILY LAW – CHILDREN – parenting orders – subject child turned 18 – no jurisdiction – struck out |
| Family Law Act 1975 (Cth) |
| APPLICANT MOTHER: | Ms Keane |
| RESPONDENT INTERVENERS: | Mr Keane and Ms S |
| INDEPENDENT CHILDREN’S LAWYER: |
| FILE NUMBER: | MLC | 6543 | of | 2007 |
| DATE DELIVERED: | 13 January 2009 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Brown J |
| HEARING DATE: | 13 January, 2009 |
no appearances
Orders
That the application for final orders filed by the wife on 8 June, 2007 be struck out.
IT IS DIRECTED
That these applications be removed from the List of matters awaiting finalisation.
That the reasons for judgment this day be transcribed and placed on the court file.
IT IS NOTED that publication of this judgment under the pseudonym Keane & Keane and Anor is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)
| FAMILY COURT OF AUSTRALIA AT MELBOURNE |
FILE NUMBER: MLC 6543 of 2007
| MS KEANE |
Applicant mother
And
| MR KEANE AND MS S |
Respondent intervenors
REASONS FOR JUDGMENT
This set of proceedings relates to the child, M, born in November 1990. I do not propose to summarise the various orders made earlier. M is a child with special needs and his grandparents were involved in the case.
The bottom line is that M turned 18 in November 2008. The court no longer has jurisdiction to make orders in respect of him, whether relevant to his day‑to‑day care or parental responsibility for him.
In those circumstances, all extant applications will be struck out.
The reasons for judgment will be transcribed and placed on the court file.
I certify that the preceding
4 paragraphs
are a true copy of the reasons for
judgment herein of the
Honourable Justice Brown AM.
Dated the day of 2009.
…………………………………………
Associate.
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Abuse of Process
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Procedural Fairness
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Remedies
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Standing
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