Re: "M" [2002] NSWSC 158

Re: "M" [2002] NSWSC 158

Although not all requirements of the Status of Children Regulation 1998 were met, particularly regarding the sampler named in Registrar's notice, the court was satisfied by other evidence, especially the affidavit of the laboratory manager, to make a declaration of paternity.

Jurisdiction
Australia
Judgment Date
21 February 2002
Procedural Posture
Application for Declaration of Paternity / Judgment on Renewed Application After Initial Refusal
Outcome
Declaration of paternity made
Legal Topics
['paternity' 'parentage Testing Procedures' 'dna Evidence' 'status of Children Act']
['family Law' 'child Welfare' 'equity'] ['paternity' 'parentage Testing Procedures' 'dna Evidence' 'status of Children Act']

Case Brief

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Procedural Posture

Application for Declaration of Paternity / Judgment on Renewed Application After Initial Refusal

Legal Issues

  1. 1 ['Whether sufficient evidence exists for a declaration of paternity' 'Whether procedural requirements for parentage testing under the Status of Children Act 1996 and Regulation 1998 were satisfied' "Court's discretion to make a declaration where evidence diverges from strict procedural regime"]

Ratio Decidendi

Although not all requirements of the Status of Children Regulation 1998 were met, particularly regarding the sampler named in Registrar's notice, the court was satisfied by other evidence, especially the affidavit of the laboratory manager, to make a declaration of paternity.

Court Disposition

Declaration of paternity made

Orders

  • ['Declaration of paternity made in accordance with draft order' "Non-disclosure order: name of child and father not to be disclosed except to parties, Registrar of Births Deaths and Marriages, Children's Court, and legal representatives" 'Publication of reasons for judgment authorised, but no other document']