Jack v NSW Registrar of Births, Deaths and Marriages [2019] NSWCATAD 200

Jack v NSW Registrar of Births, Deaths and Marriages [2019] NSWCATAD 200

The Tribunal found, based on contemporary documents and statutory declarations, that the deceased and Ms McLachlan began a relationship in late 2015, cohabited at Richmond and Glenmore Park with periods of joint residence, financial interdependence, shared household duties, engagement and mutual plans for marriage, thus fulfilling s 21C Interpretation Act criteria for a de facto relationship. The applicant did not establish, on the balance of probabilities, that removing Ms McLachlan from the death certificate was justified; the Registrar's decision was affirmed.

Parties
Applicant: Christy Jack; First Respondent: NSW Registrar of Births, Deaths and Marriages; Second Respondent: Leanne McLachlan
Jurisdiction
Australia
Judgment Date
25 September 2019
Procedural Posture
Review of Administrative Decision / Final Hearing and Orders
Outcome
Review application dismissed; Registrar's decision affirmed.
Legal Topics
Correction of Death Register, De Facto Relationships, Criteria for De Facto Status, Evidentiary Standards in Administrative Review
Administrative Law Family Law Correction of Death Register De Facto Relationships Criteria for De Facto Status Evidentiary Standards in Administrative Review

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Parties

Christy Jack

Applicant

NSW Registrar of Births, Deaths and Marriages

First Respondent

Leanne McLachlan

Second Respondent

Procedural Posture

Review of Administrative Decision / Final Hearing and Orders

Legal Issues

  1. 1 Whether the deceased and Leanne McLachlan were in a de facto relationship for the purposes of the Births, Deaths and Marriages Registration Act 1995 (NSW)
  2. 2 Whether the death certificate should be amended by removing Leanne McLachlan as de facto spouse

Ratio Decidendi

The Tribunal found, based on contemporary documents and statutory declarations, that the deceased and Ms McLachlan began a relationship in late 2015, cohabited at Richmond and Glenmore Park with periods of joint residence, financial interdependence, shared household duties, engagement and mutual plans for marriage, thus fulfilling s 21C Interpretation Act criteria for a de facto relationship. The applicant did not establish, on the balance of probabilities, that removing Ms McLachlan from the death certificate was justified; the Registrar's decision was affirmed.

Court Disposition

Review application dismissed; Registrar's decision affirmed.

Orders

  • Decision under review affirmed.