Rees & Anor and Doren

In the matter of *Rees & Anor and Doren*, heard before Murphy J of the Family Court of Australia, the applicants, a mother and her de facto partner, sought leave to commence adoption proceedings for a child under section 60G of the *Family Law Act 1975* (Cth). The primary dispute concerned whether the de facto partner qualified as a "spouse" for the purposes of the *Adoption Act 2009* (Qld), given that the latter Act did not define the term. Additionally, the court considered whether leave could be granted for adoption proceedings when the child had not yet turned five years of age. The father's whereabouts were unknown, and attempts to serve him had been unsuccessful, leading to a separate application to dispense with service.

The court was required to determine two key legal issues. Firstly, it had to ascertain whether a de facto partner was encompassed within the definition of "spouse" for the purposes of the *Adoption Act 2009* (Qld). Secondly, the court needed to decide whether it possessed the power to grant leave to commence adoption proceedings under the *Family Law Act 1975* (Cth) in circumstances where the child in question had not yet reached the age of five. The court also had to consider the application to dispense with service on the father.

Murphy J reasoned that while the *Adoption Act 2009* (Qld) did not define "spouse," the *Acts Interpretation Act 1954* (Qld) defined "spouse" to include a "de facto partner." This interpretation was applied to permit the de facto partner to be considered a spouse for the purposes of the adoption legislation. Furthermore, the court found no provision within the *Adoption Act 2009* (Qld) that would prevent the Family Court from granting leave to commence adoption proceedings for a child under the age of five. Regarding service, given the father's unknown contact details, his lack of contact for over four years, and the unsuccessful attempts at substituted service, the court determined it was appropriate to dispense with service.

Consequently, pursuant to section 60G of the *Family Law Act 1975* (Cth), leave was granted to the applicants to commence adoption proceedings for the child. Leave was also granted to dispense with service of the initiating application and supporting affidavits upon the respondent father.