Madewell and Director-General, Child and Youth Protection Services

Case

[2017] FamCA 569

14 July 2017


Details
AGLC Case Decision Date
Madewell and Director-General, Child and Youth Protection Services [2017] FamCA 569 [2017] FamCA 569 14 July 2017

CaseChat Overview and Summary

The matter of *Madewell and Director-General, Child and Youth Protection Services* came before Gill J of the Family Court of Australia. The proceedings concerned an application for adoption filed by Mr Madewell in relation to a child, B. The Director-General, Child and Youth Protection Services was also a party to the proceedings.

The court was required to determine whether it possessed the necessary jurisdiction to hear the adoption application, particularly in light of the *Jurisdiction of Courts (Cross-Vesting) Act 1987* (ACT). Furthermore, the court needed to consider whether to grant leave for the proceedings to be commenced pursuant to section 60G of the *Family Law Act 1975* (Cth).

Gill J found that the Family Court of Australia did have jurisdiction to hear the adoption application pursuant to section 4 of the *Jurisdiction of Courts (Cross-Vesting) Act 1987* (ACT). Leave was granted for the proceedings to be commenced under section 60G of the *Family Law Act 1975* (Cth). Consequently, an adoption order was made in favour of the applicant, Mr Madewell, concerning the child B, born in 2006, pursuant to section 14 of the *Adoption Act 1993* (ACT).
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Standing

  • Remedies

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