Madewell and Director-General, Child and Youth Protection Services
Case
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[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).
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
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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Remedies
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