Constitutional law – Inconsistency between Commonwealth and State laws – Family law – Guardianship and custody of child – Whether Family Law Act 1975 (Cth), s 63F(1) inconsistent with Family Court Act 1975 (WA), s 35.
Constitutional law – Powers of the Commonwealth Parliament – Territories – Whether sufficient nexus with Commonwealth law concerning guardianship and custody of children born in Territory to parents then residing there.
Constitutional law – Interpretation – Whether implications arise from international law.
Constitutional law – Freedom of interstate intercourse – Movement of persons – Whether Northern Territory (Self-Government) Act 1978 (Cth), s 49 inconsistent with exercise of judicial discretion under Family Court Act 1975 (WA), s 36A – Guardianship and custody orders – Whether necessary to determine whether requirement of orders that parent not change child's principal place of residence greater than reasonably required to achieve legislative object.
Federal jurisdiction – Family law – Guardianship and custody application – Parents resident in the Northern Territory at birth of ex‑nuptial child – Whether Family Court of Western Australia exercising federal jurisdiction under Family Law Act 1975 (Cth), s 63F(1).
Federal jurisdiction – Inconsistency between Commonwealth and State laws – Matter arising under s 76(i) of the Constitution – Whether jurisdiction invested by Judiciary Act 1903 (Cth), s 39(2).
Federal jurisdiction – Appeals – Family law – Whether appeal to Supreme Court of Western Australia an exercise of federal jurisdiction.
Family law – Guardianship and custody orders – Variation – Exercise of discretion by trial judge – Best interests of child – Whether requirement that custodial parent provide "compelling reasons" to justify relocation within Australia an error of law – Whether order that custodial parent may relocate is an order "with respect to" welfare or custody.
Words and phrases – "compelling reasons".
The Constitution, ss 76(i), 76(ii), 77(iii), 109, 122.
Family Court Act 1975 (WA), ss 27(5), 28, 28A, 34, 35, 36, 36A.
Family Court Act 1997 (WA), ss 68, 69, 246.
Family Law Act 1975 (Cth), ss 60E(3), 61C, 63F(1), Pt VII, 94, 94AA.
