FAMILY LAW CASE NOTES
interfering with their existing equal shared parental responsibility … [40] The application of the general rule of which the Full Court spoke in VR & RR (at [29]) does not impugn the primary judge’s decision here … because any parental responsibility with which a parent is seized only exists so long as no contrary court order is made. The Act expressly envisages that parental responsibility can be
vested in adults other than the child’s parents (ss 61D(1), 64B(2), 64C, 65C, 65G(1A) and 65P) and it is now well established that there is no presumption in favour of parents over non-parents in the determination of proper orders to resolve parenting disputes … (…) [43] Since the primary judge appreciated the gravamen of the decision … and nevertheless decided to invest Mr B
3 OCT 2021 – 2 NOV 2021 ACTS PROCLAIMED Motor Vehicles (Motor Bike Driver Licensing) Amendment Act 2021 (No 8 of 2021) c Commencement ss 4-8, 10-13: 22 November 2021 Commencement remaining provisions: 7 October 2021 Gazetted: 7 October 2021, Gazette No. 66 of 2021 Rail Safety National Law (South Australia) (Alcohol and Drug Offence) Amendment Act 2021 (No 30 of 2021) Commencement: 1 November 2021 Gazetted: 14 October 2021, Gazette No. 68 of 2021 Children and Young People (Oversight and Advocacy Bodies) (Commissioner for Aboriginal Children and Young People) Amendment Act 2021 (No 35 of 2021) Commencement: 21 October 2021 Gazetted: 21 October 2021, Gazette No. 69 of 2021 Correctional Services (Accountability and Other Measures) Amendment Act 2021 (No 12 of 2021) Commencement ss 10; 26(1) and (3); 27 to 31; 33 to 35; 37 to 40; 42; 44 to 46; Sch 1 cl 4; Sch 1 cl 5(2): 1 November 2021 Gazetted: 21 October 2021, Gazette No. 69 of 2021 Liquor Licensing (Miscellaneous) Amendment Act 2019 (No 28 of 2019) Commencement ss 6, 13 and 14(2): 22 October 2021 Gazetted: 21 October 2021, Gazette No. 69 of 2021
with the discrete portion of parental responsibility which was in dispute, the father’s complaint under this ground of appeal was all but exhausted because he was unable to contend the law necessarily precluded his Honour from giving the confined aspect of parental responsibility to Mr B … ( … )” The father’s appeal was dismissed with costs. B
A MONTHLY REVIEW OF ACTS, APPOINTMENTS, REGULATIONS AND RULES COMPILED BY MASTER ELIZABETH OLSSON OF THE DISTRICT COURT OF SOUTH AUSTRALIA
Lotteries Act 2019 (No 41 of 2019) Commencement: 10 December 2021 Gazetted: 28 October 2021, Gazette No. 70 of 2021
ACTS ASSENTED TO Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, No. 38 of 2021 Gazetted: 7 October 2021, Gazette No. 66 of 2021 South Australian Multicultural Act 2021m No. 39 of 2021 (repeals South Australian Multicultural and Ethnic Affairs Commission Act 1980) Gazetted: 21 October 2021, Gazette No. 69 of 2021
APPOINTMENTS Acting Judicial Conduct Commissioner for a term of three months commencing on 7 October 2021 and expiring on 6 January 2022 Honourable Bruce Malcolm Debelle AO QC Gazetted: 7 October 2021, Gazette No. 66 of 2021 Youth Court of South Australia Judge From 8 December 2021 – 16 April 2025 Judge Penelope Anne Eldridge Magistrate – principal judiciary From 23 November 2021 for a term of 2 years Magistrate Alison Frances Adair From 19 April 2022 for a term of 1 year Magistrate Oliver Rudolf Gerhard Koehn Gazetted: 7 October 2021, Gazette No. 66 of 2021 Notification of Assumption of Office of Governor Proclamation
Gazetted: 7 October 2021, Gazette No. 67 of 2021 District Court of South Australia Judge From 1 November 2021 Heath David Barklay QC Gazetted: 28 October 2021, Gazette No. 70 of 2021 Master on an auxiliary basis, from 1 November 2021 - 30 June 2022 Christina Rose Flourentzou Gazetted: 21 October 2021, Gazette No. 69 of 2021 Magistrate on an auxiliary basis, from 25 October 2021 - 30 June 2022 Terence Frederick Forrest Gazetted: 21 October 2021, Gazette No. 69 of 2021 Environment, Resources and Development Court of South Australia Judge effective from 1 November 2021 Heath David Barklay QC Gazetted: 28 October 2021, Gazette No. 70 of 2021 State Planning Commission Members for a term of three years commencing on 1 November 2021 and expiring on 31 October 2024 Craig Andrew Holden Stuart Paul Moseley Elinor Rebecca Walker Noelle Margaret Hurley Gazetted: 28 October 2021, Gazette No. 70 of 2021 December 2021 THE BULLETIN
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