Application of "PMD" [2004] NSWSC 556

Application of "PMD" [2004] NSWSC 556

The Court has power under Pt 40 r9(4) Supreme Court Rules to vary the adoption order to correct the child's birth date, since the original order's birth date was not a determination of a question arising under the claim for relief, but merely for identification, and the evidence supports the correction.

Parties
Applicant: PMD; Child: MD
Jurisdiction
Australia
Judgment Date
25 June 2004
Procedural Posture
Application to Vary Adoption Order / Judgment in Chambers
Outcome
Application granted
Legal Topics
Variation of Adoption Orders, Correction of Birth Certificate, Procedural Powers, Overseas Adoption
Adoption Law Family Law Equity Variation of Adoption Orders Correction of Birth Certificate Procedural Powers Overseas Adoption

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Parties

PMD

Applicant

MD

Child

Procedural Posture

Application to Vary Adoption Order / Judgment in Chambers

Legal Issues

  1. 1 Whether the Court has power to vary the birth date recorded in an adoption order and corresponding birth certificate
  2. 2 Whether the Court should exercise its discretion to correct an error in the particulars of an adoption order

Ratio Decidendi

The Court has power under Pt 40 r9(4) Supreme Court Rules to vary the adoption order to correct the child's birth date, since the original order's birth date was not a determination of a question arising under the claim for relief, but merely for identification, and the evidence supports the correction.

Court Disposition

Application granted

Orders

  • Adoption Order varied to record MD's birth date as 21 May 1988
  • Direction issued to Registrar of Births, Deaths and Marriages to amend MD's birth certificate accordingly