NOTABLE CASES +

• ABC & Ors v State of Queensland & Anor [2015] QDC 321 A long personal injuries trial in the District Court of Queensland at Cairns. Successfully argued that the third party did not owe a duty of care to her plaintiff children as purported by the defendant. The claim against the third party was dismissed, with costs.

• Director of Child Protection Litigation v MAP & CJS [2018] QChC 20 An appeal to the Children’s Court of Queensland where ‘unacceptable risk’ was considered and it was held that in determining unacceptable risk and other matters, the Court must derive its decision from relevant, reliable and rationally probative evidence despite not being strictly bound by the rules of evidence.

• Gallagher v Gomez [2017] FamCA 944 A ‘no time’ matter arising from bizarre conduct by the children’s father towards their mother and her family including stalking, arson and other unusual behaviour. Appearance for the ICL who supported the mother’s position.

• Grace v Peter (2024) 19 QR 255 An applicant aggrieved withdrew her application for a DVO in the Magistrates Court. The respondent contended the Magistrate had the power to instead hear and dismiss the application. The withdrawal was refused, and the dismissal application was hard. At the judicial review, the Supreme Court declared the DVO application was withdrawn and made orders setting aside all orders of the Magistrates Court. Henry J confirmed that an applicant has the unfettered right to withdraw a DVO application orally in court before the application is decided.

• Knight & Ellington [2019] FamCA 488 Where the husband asserted that consent orders in property proceedings ought be varied or enforced. On the wife’s behalf successful argument that the husband had, subsequent to those orders, surrendered his rights by way of an accelerated payment, delay and laches.

• Lamb and Anor v Shaw [2017] FamCA 769 A surrogacy matter where questions arose about the parentage status of the female biological provider of the ovum (the biological mother) and the surrogate (the birth mother) in conjunction with Queensland legislation about presumptions and rebuttable presumptions of parentage. The genetic parents obtained equal shared parental responsibility for the child, and related orders as to those rights and responsibilities, as supported by the ICL.

• Orav & Keskula [2022] FedCFamC2F 1114 A trial relating to Meriba Omasker Kaziw Kazipa (Torres Strait Islander traditional child rearing practice) arising following the Queensland state legislation recognising the lore and practice of Ailan Kustom. A matter where the birth mother contended that a purported ‘cultural adoption’ was a creation of the purported cultural mother. The Court held that in this instance there had been no such transferral of parentage as recognised by lore, and that the child be returned to live with her mother and she maintain the rights and responsibilities for the child.