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210 Pages Complete Study Notes Year: Pre-2021 Previously uploaded under: LAWS2391 - Family Law

These notes cover the whole semester for family law, includes case analysis' aswell. E.g. Re Kevin (Validity of Marriage of Transsexual) (2003) FLC 93-127 • Kevin and Jennifer (not their real names) went through a marriage ceremony in 1999 and applied for a declaration of the validity of the marriage. • At the time of the marriage, Kevin was a post-operative transsexual person who was registered as a female at the time of his birth. • AG intervened in the proceedings - matter of public interest had arisen. • Full Court of the FC - approved the decision of the trial Judge, Justice Chisholm . • Justice Chisholm - that unless the context requires a different interpretation, the words “man” and “woman” when used in the legislation have their ordinary contemporary meaning according to Australian usage. That included post-operative transsexuals as men or women in accordance with their sexual reassignment. • Justice Chisholm said that whether a person is a man or a woman is to be determined as of the date of the marriage. • Full Court approved the reasons of Chisolm J in concluding that Kevin was a man for the purpose of the law of marriage being that:- ■ he had always perceived himself as a male ■ he was perceived by those who knew him to have had male characteristics; ■ prior to the marriage he went through reassignment surgery and hormone treatment ■ at the time of the marriage he was perceived as a man in appearance, characteristics and behavior by family, friends and colleagues; ■ he was accepted as a man for a variety of legal and social purposes; and ■ his marriage as a man was accepted, by his family, friends and work colleagues.


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