Wed, 10 Dec 2003 14:36:00 +1300
Mitigation by adoption
me at least, Gaudron J’s comment (at least as I understand it) seems
to miss the point. The issue is not that the plaintiffs should give
the child up for adoption. That would be cruel and no one is saying
that or disputing the plaintiffs’ entitlement to keep the child.
Rather, it is that, if they choose to keep the child, can they rightly
say that the child is a loss. That is, can they claim from the
defendant if they keep the child?
10/12/2003 2:27 PM, "Harold Luntz" wrote:
feminist view (from the transcript
of argument in the High Court of Australia in Nafte v
CES & Ors S91/1996 (11 September 1996)?
J: That would be about the cruelest and most inhumane submission
I have heard put in this Court since I have been here. I must say,
it took my breath away when I read the judgments below suggesting
that that was a proper form of mitigation.
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