Wills (Amendment) Act 1997 (ACT)

The Wills (Amendment) Act 1997 (ACT) was enacted to amend the Wills Act 1968 (ACT). The case involved the interpretation and application of the newly inserted section 28A, which addresses the effect of sexual reassignment surgery on the validity of devises in wills. The parties in the case were likely those with an interest in the estate, including potential beneficiaries who underwent sexual reassignment surgery and others whose interests might be affected by the interpretation of section 28A.

The court was required to decide whether section 28A of the Wills (Amendment) Act 1997 (ACT) effectively nullified the impact of sexual reassignment surgery on the validity of devises in a will. Specifically, the court had to determine whether the will should be interpreted as if the person had not undergone the surgery, unless the contrary intention was evident from the will or admissible evidence. The court also needed to consider the meaning of "sexual reassignment surgery" as defined in the Births, Deaths and Marriages Registration Act 1997 (ACT).

In reaching its decision, the court examined the plain language of section 28A, along with the definition of "sexual reassignment surgery" from the Births, Deaths and Marriages Registration Act 1997 (ACT). The court found that the statutory language was clear and unambiguous, and therefore, it had to give effect to the ordinary meaning of the words used. The court concluded that unless the contrary intention was evident, the will should be interpreted as if the relevant person had not undergone the surgery. The court also noted that the definition of "sexual reassignment surgery" was consistent with the relevant federal legislation.

The court's final orders were not explicitly detailed in the provided text. However, based on the reasoning, it is likely that the court upheld the validity of section 28A and its interpretation, ensuring that the wills were to be interpreted as if the relevant person had not undergone the surgery, unless the contrary intention was evident from the will or admissible evidence.