Willets and Hobbs

Case

[2017] FamCA 1068

15 December 2017


Details
AGLC Case Decision Date
Willets and Hobbs [2017] FamCA 1068 [2017] FamCA 1068 15 December 2017

CaseChat Overview and Summary

In the matter of Willets and Hobbs, Hogan J of the Family Court of Australia considered an application by the applicants for leave to commence adoption proceedings concerning a child, B, born in 2008. The dispute centred on the applicants' ability to proceed with the adoption given certain procedural requirements.

The primary legal issues before the court were whether the applicants should be granted leave to commence adoption proceedings under section 60G(1) of the *Family Law Act 1975* (Cth), and whether the requirement to serve the respondent with an amended initiating application and supporting affidavits, filed on 25 October 2017, should be dispensed with under Rule 7.18 of the *Family Law Rules 2004* (Cth).

Hogan J granted the applicants leave to commence proceedings for the adoption of the child B pursuant to section 60G(1) of the *Family Law Act 1975* (Cth). Furthermore, the court dispensed with the requirement to serve the respondent with the Amended Initiating Application filed on 25 October 2017 and any affidavits filed in support of that application, pursuant to Rule 7.18 of the *Family Law Rules 2004* (Cth).
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Jurisdiction

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