Full Court Minute Books

Case S6/2019

Masson v. Parsons & Ors

Case No.

S6/2019

Case Information

Lower Court Judgment

28/06/2018 Family Court of Australia (Thackray, Murphy, & Aldridge JJ )

[2018] FamCAFC 115

Catchwords

Family law – Parentage – Artificial insemination – Where appellant and first respondent conceived child using artificial insemination – Where appellant listed on child’s birth certificate as father – Where primary judge found appellant was “parent” for purpose of Family Law Act 1975 (Cth) because provided genetic material for purpose of fathering child he expected to parent – Where Full Court allowed appeal on basis s 79 of Judiciary Act 1903 (Cth) picked up s 14(2) of Status of Children Act 1996 (NSW) which operated to determine appellant not “parent” – Whether Full Court erred in concluding s 14(2) of Status of Children Act operated to determine appellant not “parent” for purpose of Family Law Act – Whether Full Court erred in concluding s 60H of Family Law Act exhaustively defines parents of child for purpose of Family Law Act.  

Short Particulars

Documents*

14/12/2018 Hearing (SLA, Sydney)

08/01/2019 Notice of appeal

08/01/2019 Notice of constitutional matter (Appellant)

08/02/2019 Written submissions (Appellant)

08/02/2019 Chronology (Appellant)

22/02/2019 Written submissions (Attorney-General of the Commonwealth intervening)

01/03/2019 Written submissions (Third Respondent)

08/03/2019 Written submissions (First and Second Respondents)

19/03/2019 Amended Written submissions (First and Second Respondents)

22/03/2019 Written submissions (Attorney-General for the State of Victoria intervening)

29/03/2019 Reply

29/03/2019 Amended written submissions (Attorney-General for the State of Victoria intervening)

16/04/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

16/04/2019 Outline of oral argument (Appellant)

16/04/2019 Outline of oral argument (Attorney-General of the Commonwealth intervening)

16/04/2019 Outline of oral argument (Third Respondent)

16/04/2019 Outline of oral argument (Attorney-General for Victoria intervening)

16/04/2019 Outline of oral argument (First and Second Respondents)

17/04/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

19/06/2019 Judgment (Judgment summary)