Avery v State of New South Wales (Attorney General's Department)

The case of Avery v State of New South Wales (Attorney General's Department) involved the plaintiff, Avery, seeking judicial review of decisions made by the Registrar of Births, Deaths and Marriages concerning the retention of information in the Register and the form of name change certificates. The dispute was heard and determined in the Supreme Court of New South Wales. The plaintiff sought orders to correct or amend the Register and the Change of Name Certificate, while the defendant, the Attorney General's Department, sought orders for summary dismissal or, in the alternative, to strike out the plaintiff's statement of claim.

The legal issues before the court included whether the Registrar's decisions were reviewable under the Administrative Decisions Tribunal Act 1997 and the Freedom of Information Act 1989, and whether the proceedings were within the scope of the court's jurisdiction. The court needed to determine the nature of the defendant's claim and whether it was appropriate to strike out the plaintiff's statement of claim or dismiss the application for summary judgment. Additionally, the court considered the plaintiff's notice of motion to amend the statement of claim in relation to costs and damages.

The court held that the Registrar's decisions were reviewable under the Administrative Decisions Tribunal Act 1997, and that the proceedings were within the court's jurisdiction. The court found that the defendant's claim was in contract, not tort, and that the plaintiff's application to amend the statement of claim in relation to costs and damages was not necessary as the issues were already before the court. The court dismissed the plaintiff's application and ordered that the defendant's costs be paid by the plaintiff.