Bennett v Registrar, NSW Births Deaths & Marriages & Anor (GD) [2007] NSWADTAP 2

Bennett v Registrar, NSW Births Deaths & Marriages & Anor (GD) [2007] NSWADTAP 2

The Appeal Panel held that the Tribunal made no error of law. There was evidence supporting the findings that the deceased and Ms Schofield were in a de facto relationship at the date of death, the Tribunal identified its review function and applied the correct test under s 45(1)(b), and its conclusion was open as a matter of law. The alleged procedural unfairness and apprehended bias were not established. Leave to extend the appeal to the merits was refused because no broad administration or policy issue or unfair fact-finding process was shown and the fresh evidence was unlikely to have changed the result.

Jurisdiction
Australia
Judgment Date
09 January 2007
Procedural Posture
Appeal From Administrative Decisions Tribunal Decision / Appeal Panel
Outcome
Leave to appeal against the merits of the Tribunal's decision refused; decision affirmed; appeal dismissed.
Legal Topics
['correction of Death Certificate' 'de Facto Relationship' 'appeal on Question of Law' 'leave to Appeal on Merits' 'findings of Fact' 'bias']
['administrative Law' 'births, Deaths and Marriages Registration' 'procedural Fairness'] ['correction of Death Certificate' 'de Facto Relationship' 'appeal on Question of Law' 'leave to Appeal on Merits' 'findings of Fact' 'bias']

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Procedural Posture

Appeal From Administrative Decisions Tribunal Decision / Appeal Panel

Legal Issues

  1. 1 ["Whether the Tribunal made an error of law in affirming the Registrar's refusal to correct the death certificate." "Whether the Tribunal's findings that the deceased and Ms Schofield were in a de facto relationship were unsupported by evidence." 'Whether the Tribunal identified and applied the correct legal principles, including the meaning of de facto relationship and the test under s 45(1)(b) of the Births, Deaths and Marriages Registration Act 1995.' 'Whether the Tribunal denied procedural fairness by allowing evidence from an unexpected witness or by not considering material filed after the hearing.' "Whether the Tribunal's reasons gave rise to apprehended bias because parts reproduced the Registrar's submissions." "Whether leave should be granted to extend the appeal to the merits of the Tribunal's decision."]

Ratio Decidendi

The Appeal Panel held that the Tribunal made no error of law. There was evidence supporting the findings that the deceased and Ms Schofield were in a de facto relationship at the date of death, the Tribunal identified its review function and applied the correct test under s 45(1)(b), and its conclusion was open as a matter of law. The alleged procedural unfairness and apprehended bias were not established. Leave to extend the appeal to the merits was refused because no broad administration or policy issue or unfair fact-finding process was shown and the fresh evidence was unlikely to have changed the result.

Court Disposition

Leave to appeal against the merits of the Tribunal's decision refused; decision affirmed; appeal dismissed.

Orders

  • ["Leave to appeal against the merits of the Tribunal's decision refused." 'The decision of the Tribunal is affirmed.' 'Appeal dismissed.']