V v V

The case of *V v V* concerned an application by a grandmother for access to her grandchildren. The application was brought in the Family Court of Australia. The central dispute revolved around whether the Family Court possessed the necessary jurisdiction to hear the grandmother's application, particularly in circumstances where no proceedings were currently before the court between the parents concerning the children.

The primary legal issue before the High Court of Australia was whether the Family Court of Australia had jurisdiction to entertain the grandmother's application for access under the *Family Law Act 1975* (Cth). This question necessitated an examination of the constitutional basis for the Family Court's jurisdiction, specifically s 51(xxi) of the *Constitution*, which grants the Commonwealth Parliament power to make laws with respect to "marriage," and its interaction with the definition of a "matrimonial cause" as provided in s 4(1)(ce) of the *Family Law Act*.

The High Court determined that the Family Court did indeed have jurisdiction. The Court reasoned that the definition of a "matrimonial cause" under the *Family Law Act* was broad enough to encompass applications for access by a grandparent, even in the absence of ongoing proceedings between the parents. This interpretation was grounded in the constitutional power of the Commonwealth Parliament to legislate with respect to marriage, which the Court considered to extend to ancillary matters affecting the welfare of children of a marriage. Consequently, the Court declared that the Family Court had jurisdiction to hear the grandmother's application and remitted the matter for further consideration by that court.