Re: Addison (No. 2)

Case

[2021] FamCA 582

20 April 2021


Details
AGLC Case Decision Date
Re: Addison (No. 2) [2021] FamCA 582 [2021] FamCA 582 20 April 2021

CaseChat Overview and Summary

In *Re: Addison (No. 2)*, the application concerned the presence of a subject child, Addison, during court proceedings. The applicant was the Mother, and the Independent Children's Lawyer was also a party to the proceedings. The dispute centred on whether the child should be permitted to attend the hearings.

The central legal issue before Howard J was whether to grant leave, pursuant to section 100B(2) of the *Family Law Act 1975* (Cth), for the subject child, Addison, to be present in the courtroom during the proceedings. This required the court to consider the maturity of the child and whether their presence would be appropriate.

Howard J reasoned that the subject child, Addison, was sufficiently mature to be present during any hearing of these proceedings. Applying the provisions of section 100B(2) of the *Family Law Act 1975* (Cth), the court determined that the child's maturity warranted their attendance.

Consequently, leave was granted for Addison to be present in the Courtroom during these proceedings, whether in person or by way of electronic means, until further order.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Standing

  • Statutory Construction

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

1

Re: Shane (Gender Dysphoria) [2013] FamCA 864
Re Jordan [2015] FamCA 175
Re Lucas [2016] FamCA 1129