LU v Registrar of Births Deaths and Marriages [2013] NSWDC 121

LU v Registrar of Births Deaths and Marriages [2013] NSWDC 121

Because the child has an interest in what is recorded on her birth certificate and an independent child representative had been appointed in related Family Court proceedings, the Court should not make orders affecting the child's birth certificate without giving that representative an opportunity to be heard. The proceedings were therefore adjourned and directions were made for notification of the independent child representative, relying on the Court's powers and obligations under ss 66 and 56 of the Civil Procedure Act 2005.

Jurisdiction
Australia
Judgment Date
29 April 2013
Procedural Posture
Civil; Interlocutory Application Concerning Registration of Parentage Details on a Birth Certificate / Ex Tempore Interlocutory Judgment Giving Directions and Adjourning the Proceedings
Outcome
Proceedings adjourned; directions made to notify the independent child representative and allow submissions; publication restriction continued.
Legal Topics
['de Facto Relationships' 'cohabiting and Same Sex Couples' 'registration as Parent' 'birth Certificate' 'application to Replace Name of Biological Father With Name of Former Partner of Birth Mother' 'natural Justice' 'independent Child Representative']
['family Law' 'civil Procedure'] ['de Facto Relationships' 'cohabiting and Same Sex Couples' 'registration as Parent' 'birth Certificate' 'application to Replace Name of Biological Father With Name of Former Partner of Birth Mother' 'natural Justice' 'independent Child Representative']

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Procedural Posture

Civil; Interlocutory Application Concerning Registration of Parentage Details on a Birth Certificate / Ex Tempore Interlocutory Judgment Giving Directions and Adjourning the Proceedings

Legal Issues

  1. 1 ["Whether the Court should make orders removing the second defendant's name from the child's birth certificate and inserting the plaintiff's name where the Registrar submits and the second defendant does not oppose but does not consent." "Whether the child has an interest in what is recorded on the child's birth certificate such that the child's independent representative should be given an opportunity to be heard before orders are made." 'Whether the proceedings should be adjourned and directions made to notify the independent child representative.']

Ratio Decidendi

Because the child has an interest in what is recorded on her birth certificate and an independent child representative had been appointed in related Family Court proceedings, the Court should not make orders affecting the child's birth certificate without giving that representative an opportunity to be heard. The proceedings were therefore adjourned and directions were made for notification of the independent child representative, relying on the Court's powers and obligations under ss 66 and 56 of the Civil Procedure Act 2005.

Court Disposition

Proceedings adjourned; directions made to notify the independent child representative and allow submissions; publication restriction continued.

Orders

  • ["Direct the second defendant to notify the independent child representative of these orders by 5pm on 6 May 2013 by providing the independent child representative with a copy of these orders, the summons, the affidavits that have been read, the email address of my associate and the address for service (in these...