Benson and Orlando

This matter concerned an application by Mr and Mrs Benson, the applicants, against Mr Orlando, the respondent, in the Family Court of Australia. The dispute involved issues of parental responsibility, living arrangements for a child, a proposed change of the child's surname, and an application for leave to commence adoption proceedings.

The court was required to determine several key legal issues. Firstly, it needed to consider whether the respondent, Mr Orlando, had been properly served with the originating process. Secondly, the court had to decide on the appropriate orders regarding equal shared parental responsibility for the child, the child's living arrangements, and whether to approve a change of the child's surname. Finally, the court was asked to grant leave for the commencement of adoption proceedings by the first-named applicant.

In its reasoning, the court, by consent of the parties, deemed Mr Orlando to have been properly served. The court then made orders for the applicants to exercise equal shared parental responsibility for the child, and that the child live with the applicants. Crucially, the court approved the proposed change of the child's surname to Benson, finding it to be in the child's best interests pursuant to section 26 of the *Births, Deaths and Marriages Registration Act 1996* (Vic). Furthermore, the court granted leave for adoption proceedings to be commenced by the first-named applicant, determining this to be in the child's best interests under section 60G(1) of the *Family Law Act 1975*.