SSS v DG Department of Families

The case of SSS v DG Department of Families concerned an appeal to the High Court of Australia regarding the interpretation and application of the *Adoption Act 1964* (Vic) and the *Administration and Probate Act 1958* (Vic). The dispute arose from a decision of the Supreme Court of Victoria, which had made orders concerning the adoption of a child and the distribution of an estate. The appellant, SSS, sought to challenge these orders, particularly in relation to the deceased's estate and the rights of the adopted child.

The High Court was required to determine several key legal issues. These included the proper construction of provisions within the *Adoption Act 1964* (Vic) concerning the legal status of adopted children and their relationship to the property of their deceased natural parents. Furthermore, the Court had to consider the interaction between adoption orders and the rules of intestacy and the distribution of deceased estates under the *Administration and Probate Act 1958* (Vic), specifically whether an adoption order extinguished the adopted child's entitlement to inherit from their natural family's estate.

In their joint reasons, McHugh ACJ and Hayne JJ analysed the legislative intent behind the *Adoption Act 1964* (Vic). They concluded that the Act, in its relevant form, did not operate to sever all legal ties between an adopted child and their natural family for the purposes of inheritance. Their Honours emphasised that the primary purpose of adoption was to create a new legal family unit, but this did not automatically preclude an adopted child from inheriting from their natural parents' estate, particularly where the deceased had not made a will. The Court considered the specific wording of the relevant sections of both Acts and found that the entitlement to inherit was not extinguished by the adoption order in the circumstances of this case. The appeal was allowed, and the orders of the Supreme Court of Victoria were set aside.