Keane and Keane and Anor

Case

[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

  1. That the application for final orders filed by the wife on 8 June, 2007 be struck out.

IT IS DIRECTED

  1. That these applications be removed from the List of matters awaiting finalisation.

  2. 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

  1. 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. 

  2. 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. 

  3. In those circumstances, all extant applications will be struck out.

  4. 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.

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Abuse of Process

  • Procedural Fairness

  • Remedies

  • Standing

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