Family Law... Sex changes!!! (1 Viewer)

[connie]

Originally posted by YEAR12
It is not a law--it will be a law when it is legislated. However, this has set a common law precedent which will have to be considered by Judges of lower courts when making decisions regarding circumstances such as Kevin's.

actually my friend you are wrong. When a judge makes a decision it become part of common law as you stated above, hence contradicting yourself!

it is not lower courts that have to consider these precedents when making decisions in similar situations, rather a lower court MUST abide by the precedent, a court equal in the hierarchy must CONSIDER this precedent and a higher court can take it into consideration but change it if necessary. now its been awhile since i revised the case of re:Kevin however i'm pretty sure it eventually went to the highest court in Australia (or possibly it was nsw) anyway if this is the case then all courts must follow it and IT IS LAW and IT IS CORRECT TO STATE in an essay that a transexual man(i.e. now a woman) may marry a woman


so i take your good luck, give it back to you and wish you some more :> "smiles"

 

[MiuMiu]

Go ahead and write that it is a law. But change your sex and go to the registry office and try and marry a woman. I guaratee you they will not recognise it legally. It is a law when it is legislated.....this just sets a precendent for appeals. Im afraid that you need to read up more on the basic structures of the legal system in NSW. At the moment you sound like much of a band 4 student thinking they are going to get a band 6.

 

[connie]

no you cant just go to the registry office with a piece of paper saying you had a sex change, as other outlined previously you have to prove society now perceives you as a man etc...

however it is now the law that a transexual can marry a person of the same sex (well now different obviously), if it were not the law as you say, maybe you should have a look in a few recent newspapers where the attorney general himself has tried to get rid of "this law?"

i can't definately say i will be a band six, no one can, the marks for which to achieve this years bands are unknown until we actually sit the HSC and all canditure responses are compared, so who are you to tell me i will be band four when you dont know the capabilities of the rest of the state?! or do you?

 

[MiuMiu]

It is not the law. It is a common law precedent. Transexuals wishing to marry must appeal to the court which takes months (perhaps even years) and vasts amount of money. Therefore, don't expect too many transexual marriages anytime soo.

But go ahead and write that it is the law. All the better for me.

 

[connie]

I will write it, evidently so are you, whether you write "common law precedent" or "common law" you are writing it is the law!

i never debated how it works or how much money it costs or how much time, i am simply saying it is the law, so infact im agreeing with!

why are you trying to argue with yourself through me?

g what kind of lawyer would you make, you would be too busy arguing with yourself to defend or argue for your client!