McGowan and Hahn

Case

[2019] FamCA 751

17 October 2019


Details
AGLC Case Decision Date
McGowan and Hahn [2019] FamCA 751 [2019] FamCA 751 17 October 2019

CaseChat Overview and Summary

In *McGowan and Hahn*, Foster J of the Federal Circuit Court of Australia considered a dispute between a father and mother concerning the surname of their child. The father sought orders regarding the child's surname, while the mother had been using a different surname for the child.

The central legal issue before the court was whether to grant the father's application concerning the child's surname, and consequently, what surname the child should be permitted to use. The court was required to determine the appropriate course of action in light of the existing circumstances and the parties' competing interests.

Foster J dismissed the father's application. The court ordered that the mother shall at all times use the surname "X McGowan" in relation to the child and is restrained from using any other surname for the child, including "Hahn-McGowan". Existing orders made on 23 July 2019 were to continue pending further order.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Appeal

  • Jurisdiction

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

6

Statutory Material Cited

1

McGowan and Hahn [2018] FCCA 2626
Goode & Goode [2006] FamCA 1346
Marvel & Marvel [2010] FamCAFC 101