Masson v Parsons [2019] HCA 21

Masson v Parsons [2019] HCA 21

Sections 14(2) and 14(4) of the Status of Children Act 1996 (NSW), being substantive rules of status and not procedural, are not picked up by s 79(1) of the Judiciary Act 1903 (Cth); the Family Law Act 1975 (Cth) provides a comprehensive scheme regarding parentage for the purposes of parenting orders, leaving no room for contrary State provisions. Therefore, the appellant may be considered a parent based on the ordinary meaning of that word, and the irrebuttable presumption excluding sperm donors in s 14(2) does not apply in these proceedings. The appeal is allowed and the Family Court's orders are reinstated.

Parties
Appellant: Masson; First Respondent: Parsons; Second Respondent: Second Respondent; Third Respondent: Third Respondent; Intervener: Attorney-General of the Commonwealth; Intervener: Attorney-General for the State of Victoria
Jurisdiction
Australia
Judgment Date
19 June 2019
Procedural Posture
Appeal / High Court of Australia on Appeal From the Full Court of the Family Court of Australia
Outcome
Appeal allowed.
Legal Topics
Federal Jurisdiction, Parentage (artificial Conception), Parenting Orders, Irrebuttable Presumptions, Statutory Interpretation
Constitutional Law Family Law Federal Jurisdiction Parentage (artificial Conception) Parenting Orders Irrebuttable Presumptions Statutory Interpretation

Case Brief

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Parties

Masson

Appellant

Parsons

First Respondent

Second Respondent

Second Respondent

Third Respondent

Third Respondent

Attorney-General of the Commonwealth

Intervener

Attorney-General for the State of Victoria

Intervener

Procedural Posture

Appeal / High Court of Australia on Appeal From the Full Court of the Family Court of Australia

Legal Issues

  1. 1 Whether s 79(1) of the Judiciary Act 1903 (Cth) picks up ss 14(2) and 14(4) of the Status of Children Act 1996 (NSW) and applies them in federal jurisdiction under the Family Law Act 1975 (Cth)
  2. 2 Whether the Commonwealth law (Family Law Act) has 'otherwise provided' so as to exclude the application of State law in parentage matters
  3. 3 Whether 'parent' in the Family Law Act is to be given its ordinary meaning outside the circumstances specified by s 60H

Ratio Decidendi

Sections 14(2) and 14(4) of the Status of Children Act 1996 (NSW), being substantive rules of status and not procedural, are not picked up by s 79(1) of the Judiciary Act 1903 (Cth); the Family Law Act 1975 (Cth) provides a comprehensive scheme regarding parentage for the purposes of parenting orders, leaving no room for contrary State provisions. Therefore, the appellant may be considered a parent based on the ordinary meaning of that word, and the irrebuttable presumption excluding sperm donors in s 14(2) does not apply in these proceedings. The appeal is allowed and the Family Court's orders are reinstated.

Court Disposition

Appeal allowed.

Orders

  • Set aside orders 2, 3, 4 and 8 made by the Full Court of the Family Court of Australia dated 28 June 2018.
  • Order that appeal number EA 111 of 2017 be dismissed.