U v U

JurisdictionAustralia Federal only
JudgeGleeson CJ,Gaudron J,McHugh J,Gummow,Callinan JJ,Kirby J,Hayne J
Judgment Date05 September 2002
Neutral Citation2002-0905 HCA B,[2002] HCA 36
Docket NumberS256/2001
CourtHigh Court
Date05 September 2002
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173 cases
  • Minister for Immigration and Multicultural and Indigenous Affairs v B
    • Australia
    • High Court
    • 29 April 2004
    ...Reform Act 1995 (Cth) (‘the 1995 Act’) and since has been amended. The structure of Pt VII was described in Northern Territory v GPAO51 and U v U52. 60 The father sought interim and final orders that the five children reside with him or, in the alternative, that orders be made protective of......
  • Apple Inc. v Samsung Electronics Company Ltd
    • Australia
    • Full Federal Court (Australia)
    • Invalid date
  • Minister for Immigration and Multicultural Affairs v Wang
    • Australia
    • High Court
    • 12 March 2003
    ...(1981) 148 CLR 170 at 176-178; Norbis v Norbis (1986) 161 CLR 513 at 517-519. 137 Norbis v Norbis (1986) 161 CLR 513 at 518. 138 U v U (2002) 76 ALJR 1416 at 1431 [93]-[94]; 191 ALR 289 at (1994) 50 FCR 60 at 66-67; Re Quinn and Australian Postal Corporation (1992) 15 AAR 519 at 525-526. 1......
  • K v K
    • Ireland
    • Court of Appeal (Ireland)
    • 28 October 2022
    ...[42]). 97 Similar observations were made by Gaudron and Kirby JJ in their (dissenting) judgments in the High Court of Australia in U v U [2002] HCA 36. In her judgment, Gaudron J expressed regret that “ stereotypical views as to the proper role of a mother are still pervasive and render the......
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1 firm's commentaries
  • What age can a child refuse to see a parent in Australia?
    • Australia
    • Mondaq Australia
    • 24 July 2023
    ...child's views depending on their age, maturity, and level of understanding. This concept was established in the notable case of 'U v U' (2002) 211 CLR 238, where the High Court stated that their views should be given more weight as a child grows Each case is unique, and courts will consider......
3 books & journal articles
  • Human Rights in the High Court of Australia, 1976-2003: The Righting of Australian Law?
    • United Kingdom
    • Federal Law Review No. 33-2, June 2005
    • 1 June 2005
    ...incorporating sections of the 1951 Refugees Convention — and the validity of a decision of the Refugee Review Tribunal); U v U (2002) 211 CLR 238 (Gummow, Callinan and Kirby JJ re: interpretation of the Family Law Act 1975 (Cth); Wilson v Anderson (2002) 213 CLR 401 (Kirby J re: interpretat......
  • Freedom of Movement in an ERA of Shared Parenting: The Differences in Judicial Approaches to Relocation
    • United Kingdom
    • Federal Law Review No. 36-2, June 2008
    • 1 June 2008
    ...as it was prior to the Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth). 6 AMS v AIF (1999) 199 CLR 160; U v U (2002) 211 CLR 238. A succinct summary of the law was given by the Full Court of the Family Court in Bolitho v Cohen (2005) 33 Fam LR 471, 472 explaining the ef......
  • U. v. U.: the High Court on relocation.
    • Australia
    • Melbourne University Law Review Vol. 27 No. 2, August 2003
    • 1 August 2003
    ...and their parents yet is so unpredictable and has no follow up mechanisms to assess the results and impacts of the decisions. * (2002) 191 ALR 289. (1) (2002) 191 ALR (2) U v U (Unreported, Faro y Court of Australia, O'Ryan J, 6 March 2000) 2. (3) U v U (Unreported, Full Court of the Family......

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