Bennett v Registrar, NSW Births Deaths & Marriages & Anor [2006] NSWADT 33

Bennett v Registrar, NSW Births Deaths & Marriages & Anor [2006] NSWADT 33

The Tribunal accepted Ms Schofield's evidence as truthful and found that the overwhelming evidence supported the existence of a de-facto relationship between Ms Schofield and the Deceased at least for the majority of the period from 1999 until the Deceased's death, and at the date of death. The failure to evidence the relationship in tax returns and other documents did not preclude that finding. The Registrar's decision to retain the reference to Ms Schofield as de-facto spouse was therefore the correct and preferable decision.

Jurisdiction
Australia
Judgment Date
02 February 2006
Procedural Posture
External Review of a Decision of the Registrar Concerning Amendment of a Death Registration Under the Births, Deaths and Marriages Registration Act 1995 / Principal Matter; Decision After Hearing
Outcome
The decision under review is affirmed.
Legal Topics
['correction of Death Register' 'marital Status on Death Certificate' 'existence of De Facto Relationship' 'correct and Preferable Decision']
['administrative Law' 'births, Deaths and Marriages Registration' 'de Facto Relationships'] ['correction of Death Register' 'marital Status on Death Certificate' 'existence of De Facto Relationship' 'correct and Preferable Decision']

Case Brief

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Procedural Posture

External Review of a Decision of the Registrar Concerning Amendment of a Death Registration Under the Births, Deaths and Marriages Registration Act 1995 / Principal Matter; Decision After Hearing

Legal Issues

  1. 1 ["Whether the death registration should be corrected to remove the reference to Ms Schofield as the Deceased's de-facto spouse." "Whether Ms Schofield and the Deceased were in a de-facto relationship at the date of the Deceased's death." "Whether the Registrar's decision was the correct and preferable decision."]

Ratio Decidendi

The Tribunal accepted Ms Schofield's evidence as truthful and found that the overwhelming evidence supported the existence of a de-facto relationship between Ms Schofield and the Deceased at least for the majority of the period from 1999 until the Deceased's death, and at the date of death. The failure to evidence the relationship in tax returns and other documents did not preclude that finding. The Registrar's decision to retain the reference to Ms Schofield as de-facto spouse was therefore the correct and preferable decision.

Court Disposition

The decision under review is affirmed.

Orders

  • ['The decision under review is affirmed.']