PUBLIC TRUSTEE v. ARNOLD [2004] NSWSC 127

PUBLIC TRUSTEE v. ARNOLD [2004] NSWSC 127

The scientific report established to the point of certainty that Mr Peterson was not the father, the mother confirmed this to the Public Trustee, therefore a declaration was made and an order for correction of the register pursuant to subsection 45(2) of the Births Deaths and Marriages Registration Act 1995.

Parties
Plaintiff: Public Trustee; Defendant: Yvette Kim Arnold
Jurisdiction
Australia
Judgment Date
01 March 2004
Procedural Posture
Application for Declaratory Relief and Correction of Register / Judgment
Outcome
Declaration that deceased not father of infant; order correcting register; costs to be paid out of estate.
Legal Topics
Parentage, Registration of Birth, Correction of Register
Equity Family Law Parentage Registration of Birth Correction of Register

Case Brief

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Parties

Public Trustee

Plaintiff

Yvette Kim Arnold

Defendant

Procedural Posture

Application for Declaratory Relief and Correction of Register / Judgment

Legal Issues

  1. 1 Whether Mr Peterson was the biological father of the infant
  2. 2 Whether the birth register should be corrected to remove Mr Peterson as father

Ratio Decidendi

The scientific report established to the point of certainty that Mr Peterson was not the father, the mother confirmed this to the Public Trustee, therefore a declaration was made and an order for correction of the register pursuant to subsection 45(2) of the Births Deaths and Marriages Registration Act 1995.

Court Disposition

Declaration that deceased not father of infant; order correcting register; costs to be paid out of estate.

Orders

  • Declaration that Garry Wayne Peterson is not the biological father of the infant.
  • Order pursuant to section 45 of the Births Deaths and Marriages Registration Act 1995 that the birth certificate and particulars recorded in registration of birth registered 48611/2000 be corrected by the Registrar so as not to show Garry Wayne Peterson as the father of the infant.