Crawford v Davidson-Crawford [2019] NSWSC 728

Crawford v Davidson-Crawford [2019] NSWSC 728

The first defendant had adequate notice and natural justice was satisfied, so the proceeding could be heard in his absence. The Supreme Court of New South Wales is a "court" for s 45 of the Births, Deaths and Marriages Registration Act 1995 (NSW) and has power to require correction of the Register. On the unchallenged DNA evidence showing a 0% probability of paternity, the plaintiff proved on the balance of probabilities that he is not the first defendant's biological father. The requirements for declaratory relief were satisfied because there was a real controversy with legal consequences for the parties and the public Register. It was therefore appropriate to declare non-paternity and...

Jurisdiction
Australia
Judgment Date
18 June 2019
Procedural Posture
Equity Proceeding Seeking Declaratory Relief and Correction of the Register Under the Births, Deaths and Marriages Registration Act 1995 (nsw) / Hearing of Summons in the Absence of the First Defendant; Second Defendant Submitting Appearance Save as to Costs
Outcome
Declaration and order for correction of the Register made; no order as to costs.
Legal Topics
['declaratory Relief' 'correction of Register' 'paternity' 'dna Evidence' 'proceeding in Absence of a Party' 'natural Justice' 'discretion Under S 45 of the Births, Deaths and Marriages Registration Act 1995 (nsw)']
['equity' 'civil Procedure' 'births, Deaths and Marriages Registration' 'parentage'] ['declaratory Relief' 'correction of Register' 'paternity' 'dna Evidence' 'proceeding in Absence of a Party' 'natural Justice' 'discretion Under S 45 of the Births, Deaths and Marriages Registration Act 1995 (nsw)']

Case Brief

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Procedural Posture

Equity Proceeding Seeking Declaratory Relief and Correction of the Register Under the Births, Deaths and Marriages Registration Act 1995 (nsw) / Hearing of Summons in the Absence of the First Defendant; Second Defendant Submitting Appearance Save as to Costs

Legal Issues

  1. 1 ['Whether the first defendant had been given a reasonable opportunity to appear so that the matter could proceed in his absence.' 'Whether the Supreme Court of New South Wales is a "court" for the purposes of s 45 of the Births, Deaths and Marriages Registration Act 1995 (NSW).' 'Whether the plaintiff had established on the balance of probabilities that he is not the biological father of the first defendant.' 'Whether declaratory relief should be granted.' "Whether the Registrar should be required under s 45(2) of the Births, Deaths and Marriages Registration Act 1995 (NSW) to correct the Register by deleting the plaintiff's name as father." 'Whether any costs order should be made.']

Ratio Decidendi

The first defendant had adequate notice and natural justice was satisfied, so the proceeding could be heard in his absence. The Supreme Court of New South Wales is a "court" for s 45 of the Births, Deaths and Marriages Registration Act 1995 (NSW) and has power to require correction of the Register. On the unchallenged DNA evidence showing a 0% probability of paternity, the plaintiff proved on the balance of probabilities that he is not the first defendant's biological father. The requirements for declaratory relief were satisfied because there was a real controversy with legal consequences for the parties and the public Register. It was therefore appropriate to declare non-paternity and...

Court Disposition

Declaration and order for correction of the Register made; no order as to costs.

Orders

  • ['Declare that Laurance John Tracey Crawford is not the biological father of Thomas Charles Davidson-Crawford.' 'Order, pursuant to s 45(2) of the Births, Deaths and Marriages Registration Act 1995 (NSW), that the Registrar of Births, Deaths and Marriages correct the Register maintained pursuant to s 43 of the...