D v Munday [2005] NSWSC 207

D v Munday [2005] NSWSC 207

Although a presumption existed that the deceased was D's father, there was material capable of leading a court to conclude that the presumption had been rebutted on the balance of probabilities. Parentage was therefore sufficiently in issue, and following Govers v Luff the Court should order appropriate blood or DNA testing so that the truth could be known.

Jurisdiction
Australia
Judgment Date
08 March 2005
Procedural Posture
Application Under S 26 of the Status of Children Act 1996 for an Order Requiring Parentage Testing Procedures in Family Provision Act 1982 Proceedings / Interlocutory Application
Outcome
DNA test ordered.
Legal Topics
['paternity' 'parentage Testing' 'dna Testing' 'family Provision Claim' 'presumption of Paternity' 'eligible Person']
['family Law' 'succession'] ['paternity' 'parentage Testing' 'dna Testing' 'family Provision Claim' 'presumption of Paternity' 'eligible Person']

Case Brief

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Procedural Posture

Application Under S 26 of the Status of Children Act 1996 for an Order Requiring Parentage Testing Procedures in Family Provision Act 1982 Proceedings / Interlocutory Application

Legal Issues

  1. 1 ['Whether the parentage of D was in issue for the purposes of s 26 of the Status of Children Act 1996.' 'Whether a paternity acknowledgment prevented or sufficiently answered the need for parentage testing.' 'Whether an order should be made requiring blood or DNA testing.']

Ratio Decidendi

Although a presumption existed that the deceased was D's father, there was material capable of leading a court to conclude that the presumption had been rebutted on the balance of probabilities. Parentage was therefore sufficiently in issue, and following Govers v Luff the Court should order appropriate blood or DNA testing so that the truth could be known.

Court Disposition

DNA test ordered.

Orders

  • ['An order for the appropriate blood test or DNA test was to be made.' 'In the first instance, the applicant must pay the cost of the blood test or DNA test, with that cost to be part of costs in the cause.' 'Orders were made in accordance with the amended short minutes, with order 4 amended.' "The matter was stood...