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Cases published November/December 2016

Family Court of Australia Full Court

Vale & Vale (No 8) [2016] FamCA 992 (15 November 2016)

Practice and procedure – where the child seeks to intervene in the proceedings and to appoint her own legal representative – where the child seeks that the current Independent Children’s Lawyer is discharged – application dismissed.


Hickson & Green [2016] FamCA 1032 (25 November 2016)

Parenting – interim – where there are four subject children – where one is not a biological child of the father – where that child lives with the mother, separate from the other three siblings – where the mother fails to comply with existing orders – where the mother fails to make the child available for contact with the siblings – where the recommendation of the Family Consultant is a change of residence for the child – where that change of residence would result in that child living with his siblings – ordered that the child live with the father – ordered that the father collect the child from school this day – requested that the Independent Children’s Lawyer be present at the school to explain the orders to the child.


Re: Lucas [2016] FamCA 1129 (22 December 2016)

Medical procedures – gender dysphoria – Gillick competence – where all parties agree the child is Gillick competent – where despite no dispute about it, the child needs the court’s permission.

Law reform – Re Jamie – where the proposed therapeutic treatment is within ordinary parental responsibility – where no court involvement is required – where there is a need for reform – where there is a need for statutory intervention in order to undo the effects of Re Jamie