Dougherty v Dougherty [1987] HCA 33

Dougherty v Dougherty [1987] HCA 33

The Family Court had jurisdiction to hear evidence concerning Michael Damian Dougherty's claim and to determine whether it was just and equitable to make an order in his favour under s. 79. Section 79 may support an order for the benefit of an adult child of a marriage only where the making of the order is referable to, arises out of, or has a sufficient connexion with, the marital relationship. Michael's intervention did not commence a separate proceeding; he became a party to the existing matrimonial cause between his parents, and the Family Court could investigate whether his claim fell within its valid power.

Jurisdiction
Australia
Procedural Posture
Family Law Act Property Proceedings With Constitutional and Jurisdictional Objection Removed From the Family Court of Australia / High Court Determination of Removed Part of Cause; Remittal to Family Court
Outcome
Part of the cause removed into the High Court was remitted to the Family Court of Australia at Brisbane for further hearing; no order as to costs.
Legal Topics
['alteration of Property Interests Under S. 79 of the Family Law Act 1975 Cth' 'intervention Under S. 92 of the Family Law Act 1975 Cth' 'adult Child of a Marriage' 'marriage Power' 'matrimonial Cause' 'jurisdiction of the Family Court']
['family Law' 'constitutional Law' 'federal Jurisdiction'] ['alteration of Property Interests Under S. 79 of the Family Law Act 1975 Cth' 'intervention Under S. 92 of the Family Law Act 1975 Cth' 'adult Child of a Marriage' 'marriage Power' 'matrimonial Cause' 'jurisdiction of the Family Court']

Case Brief

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Procedural Posture

Family Law Act Property Proceedings With Constitutional and Jurisdictional Objection Removed From the Family Court of Australia / High Court Determination of Removed Part of Cause; Remittal to Family Court

Legal Issues

  1. 1 ["Whether Michael Damian Dougherty, as an adult child granted leave to intervene in his parents' Family Court property proceedings, could apply for an order in his favour under s. 79(1) of the Family Law Act 1975 Cth." 'Whether s. 79(1) empowers the Family Court to alter the property interests of parties to a marriage for the benefit of an adult child of the marriage.' 'Whether any such power is valid only where the claim arises out of, or has a sufficient connexion with, the marital relationship.' "Whether the Family Court could hear evidence to determine whether Michael Damian Dougherty's claim had the necessary connexion with the marital relationship."]

Ratio Decidendi

The Family Court had jurisdiction to hear evidence concerning Michael Damian Dougherty's claim and to determine whether it was just and equitable to make an order in his favour under s. 79. Section 79 may support an order for the benefit of an adult child of a marriage only where the making of the order is referable to, arises out of, or has a sufficient connexion with, the marital relationship. Michael's intervention did not commence a separate proceeding; he became a party to the existing matrimonial cause between his parents, and the Family Court could investigate whether his claim fell within its valid power.

Court Disposition

Part of the cause removed into the High Court was remitted to the Family Court of Australia at Brisbane for further hearing; no order as to costs.

Orders

  • ['Remit the matter to the Family Court of Australia at Brisbane.' 'No order as to costs.']