L & Ors v L [2013] NSWSC 916

L & Ors v L [2013] NSWSC 916

The affidavit and documentary evidence, including the Defendant's acknowledgements, the mother's evidence of an exclusive relationship at conception, cohabitation during the relevant periods, registration records, and the Defendant's non-opposition, established on the balance of probabilities that the Defendant is the father of each Plaintiff; declarations under s 21 of the Status of Children Act 1996 (NSW) were therefore appropriate.

Jurisdiction
Australia
Judgment Date
09 July 2013
Procedural Posture
Application for Declarations of Paternity Under S 21 of the Status of Children Act 1996 (nsw) / Final Hearing; Principal Judgment
Outcome
Declarations made; no order as to costs.
Legal Topics
['paternity' 'declarations of Parentage' 'declarations of Paternity' 'standard of Proof' 'closed Court Publication']
['family Law' 'status of Children'] ['paternity' 'declarations of Parentage' 'declarations of Paternity' 'standard of Proof' 'closed Court Publication']

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Procedural Posture

Application for Declarations of Paternity Under S 21 of the Status of Children Act 1996 (nsw) / Final Hearing; Principal Judgment

Legal Issues

  1. 1 ['Whether each Plaintiff was entitled to seek a declaration that the Defendant is his or her father under s 21 of the Status of Children Act 1996 (NSW).' 'Whether the evidence established on the civil standard that the Defendant is the father of each Plaintiff.' 'Whether publication of the reasons would contravene s 25 of the Status of Children Act 1996 (NSW).']

Ratio Decidendi

The affidavit and documentary evidence, including the Defendant's acknowledgements, the mother's evidence of an exclusive relationship at conception, cohabitation during the relevant periods, registration records, and the Defendant's non-opposition, established on the balance of probabilities that the Defendant is the father of each Plaintiff; declarations under s 21 of the Status of Children Act 1996 (NSW) were therefore appropriate.

Court Disposition

Declarations made; no order as to costs.

Orders

  • ['Declares pursuant to s 21 of the Status of Children Act 1996 that each of the Plaintiffs is a child of the Defendant.' 'Makes no order as to the costs of any party to the intent that they and he will pay their and his own costs of the proceedings.' 'Authorises publication of the reasons for judgment, but of no...