Lynch and Hagen (No 2)
Case
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[2020] FamCA 727
•3 September 2020
Details
AGLC
Case
Decision Date
Lynch and Hagen (No 2) [2020] FamCA 727
[2020] FamCA 727
3 September 2020
CaseChat Overview and Summary
In *Lynch and Hagen (No 2)*, Rees J of the Family Court of Australia considered a request concerning a child born in 2016. The dispute involved the potential assumption of jurisdiction by the Family Court of Australia to take a Commonwealth personal protection measure relating to the child.
The central legal issue before the court was whether it should request the competent authority in Norway to agree to the Family Court of Australia assuming jurisdiction for the purpose of taking a Commonwealth personal protection measure concerning the child. This required consideration of the relevant provisions of the *Family Law Act 1975* (Cth), specifically section 111CG(2)(a).
Rees J ordered that, pursuant to section 111CG(2)(a) of the *Family Law Act 1975* (Cth), the Commonwealth Central Authority should request the competent authority in Norway to agree to the Family Court of Australia assuming jurisdiction to take a Commonwealth personal protection measure relating to the child. The form of this order was subject to its formal entry in the Court’s records.
The central legal issue before the court was whether it should request the competent authority in Norway to agree to the Family Court of Australia assuming jurisdiction for the purpose of taking a Commonwealth personal protection measure concerning the child. This required consideration of the relevant provisions of the *Family Law Act 1975* (Cth), specifically section 111CG(2)(a).
Rees J ordered that, pursuant to section 111CG(2)(a) of the *Family Law Act 1975* (Cth), the Commonwealth Central Authority should request the competent authority in Norway to agree to the Family Court of Australia assuming jurisdiction to take a Commonwealth personal protection measure relating to the child. The form of this order was subject to its formal entry in the Court’s records.
Details
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Standing
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Judicial Review
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Citations
Lynch and Hagen (No 2) [2020] FamCA 727
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
4
Love v The Commonwealth
[2020] HCA 3
Thoms v Commonwealth of Australia
[2022] HCATrans 24
Backford & Backford and Anor
[2017] FamCAFC 1