CSZ20 v Minister for Immigration
[2020] FCCA 2208
Citation 1
(Para 10)
…ren had similar rights of self-determination as adults once they had sufficient understanding and intelligence to understand fully what is proposed : Gillick v West Norfolk Area Health Authority (1986) AC 12; Marion's Case (1991) 106 ALR 385. Particulars 45.1. There has been no consideration for what is in the child’s best interest; and 45.2. CTA20…
Re: Kendall
[2017] FamCA 999
Citation 2
(Para 2)
…The Court must decide the question of the child’s competence, determined by application of the evidence to the principles enunciated in Gillick v West Norfolk and Wisbech Area Health Authority (1986) AC 112, which were confirmed by the High Court in Secretary, Department of Health & Community Services & JWB and SMB (Marion’s case) (1992) 175 CLR 218 at 237-238…
Oldham and Avis
[2017] FCCA 1480
Citation 3
(Para 11)
…ry pre-conditions of competence which must be demonstrated before the right is enlivened. [15] Gillick v West Norfolk and Wisbech AHA [1985] UKHL 7 . [16] Such as felony disenfranchisement in some States of the United States of America, where conviction for certain serious offences results in the temporary or pe…
Re: Darcey
[2015] FamCA 409
Citation 4
(Para 1)
…urt is to determine whether the child is competent within the meaning of the decision in Gillick v West Norfolk and Wisbech Area Health Authority [1985] UKHL 7; [1986] AC 112 (“Gillick competent”). Their Honours held unanimously that in the event that the Court finds that the child is Gillick competent then the…
Re Baby D (No 2)
[2011] FamCA 176
Citation 5
…ority (2000) 201 CLR 226; [2000] HCA 17 cited Fountain v Alexander (1982) 150 CLR 615; [1982] HCA 16, cited Gillick v West Norfolk AHA [1986] AC 112; [1985] UKHL 7, cited In the matter of the welfare of A (a child) (1993) FLC 92-402; (1993) 16 Fam LR 715, discussed Levy v The State of Victoria & Ors (1997) 189 C…
Secretary, Department of Health and Community Services v JWB and SMB
[1992] HCA 15
Citation 6
…19. By virtue of legislation, the age of majority in all States and Territories of Australia is 18 years (24)Minors (Property and Contracts) Act 1970 (N.S.W.), s.9; Age of Majority Act 1977 (Vic.), s.3; Age of Majority Act 1974 (Q.), s.5; Age of Majority (Reduction) Act 1970 (S.A.), s.3; Age of Majo…
Forsyth, N.H.M. v Rodda, P.J
[1989] FCA 442
Citation 7
…Counsel also referred to R. v. Tighe & Meagher (1926) 26 SR (N.S.W.) 94 at p 108, Georgianni v. The Queen (1985) 156 CLR 473 at p 479 and Gillick v. West Norfolk and Wisbech Area Health Authority (1986) AC 112 at p 190. We do not find it necessary to refer to what was said in these cases. They demon…
J v Lieschke
[1987] HCA 4
Citation 8
…3. A second matter upon which I wish to comment is the peripheral question of the legal representation of the child. I do so because I would not wish the Court's decision in this case to be taken as implying any criticism of the legal aid scheme provided to Children's Courts by the Legal Services Co…