Asquith v Registrar, NSW Births, Deaths and Marriages [2015] NSWCATAD 8

Asquith v Registrar, NSW Births, Deaths and Marriages [2015] NSWCATAD 8

Although the relationship and common residence were of short duration and had limited public reputation, the proved circumstances included that Ms Asquith and Mr Ross were not married or related, lived together at the Evans Head property, had a sexual and emotionally committed relationship, intended the property to be a common residence, had financial interdependency including the lease, joint utility and home contents arrangements and a car purchase, and Mr Ross had identified Ms Asquith as his partner for medical purposes. Considering all the circumstances under section 21C of the Interpretation Act 1987, the Tribunal was satisfied that they had a relationship as a couple living...

Jurisdiction
Australia
Judgment Date
19 January 2015
Procedural Posture
Administrative Review of a Decision Under the Births Deaths and Marriages Registration Act 1995 / Merits Review Hearing De Novo; Decision
Outcome
Decision of the Registrar, NSW Births, Deaths and Marriages set aside.
Legal Topics
['correction of Death Registration' 'de Facto Partner' 'relationship as a Couple' 'correct and Preferable Decision' 'fresh Evidence on Review']
['administrative Law' 'births, Deaths and Marriages Registration' 'de Facto Relationships'] ['correction of Death Registration' 'de Facto Partner' 'relationship as a Couple' 'correct and Preferable Decision' 'fresh Evidence on Review']

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Procedural Posture

Administrative Review of a Decision Under the Births Deaths and Marriages Registration Act 1995 / Merits Review Hearing De Novo; Decision

Legal Issues

  1. 1 ["Whether the Registrar's decision declining to amend the death registration of Scott William Ross should be set aside." 'Whether Ms Asquith and Mr Ross had a relationship as a couple living together and were de facto partners under section 21C of the Interpretation Act 1987.' "Whether Ms Asquith should be recorded as Mr Ross's de facto partner at the time of his death."]

Ratio Decidendi

Although the relationship and common residence were of short duration and had limited public reputation, the proved circumstances included that Ms Asquith and Mr Ross were not married or related, lived together at the Evans Head property, had a sexual and emotionally committed relationship, intended the property to be a common residence, had financial interdependency including the lease, joint utility and home contents arrangements and a car purchase, and Mr Ross had identified Ms Asquith as his partner for medical purposes. Considering all the circumstances under section 21C of the Interpretation Act 1987, the Tribunal was satisfied that they had a relationship as a couple living...

Court Disposition

Decision of the Registrar, NSW Births, Deaths and Marriages set aside.

Orders

  • ['Decision of Registrar, NSW Births, Deaths and Marriages set aside.' "Ms Asquith should be recorded by the Registrar, NSW Births, Deaths and Marriages as Mr Ross's de facto partner at the time of his death." 'Order pursuant to section 64(1)(a) and (4) of the Civil and Administrative Tribunal Act 2013 prohibiting...