COVEY & BURNEY

Case

[2015] FCCA 1890

10 June 2015


Details
AGLC Case Decision Date
Covey and Burney [2015] FCCA 1890 [2015] FCCA 1890 10 June 2015

CaseChat Overview and Summary

In the matter of *Covey & Burney*, heard before Judge Burchardt, the dispute concerned an application to change the registered name of a child. The mother sought to alter the child's registered name, and the court was required to determine whether this change was in the child's best interests and to make consequential orders regarding the registration of the new name.

The primary legal issue before the court was whether to authorise the mother to change the child's registered name from X to X. This required the court to consider the paramountcy principle of the child's best interests in accordance with the *Family Law Act 1975* (Cth). Additionally, the court had to determine whether to grant exemptions from mandatory family dispute resolution and to dispense with service of the application upon the father.

Judge Burchardt reasoned that the proposed name change was in the best interests of the child, X. The court authorised the mother to apply to the Registrar of Births, Deaths and Marriages in Victoria to effect this change. Furthermore, the court granted an exemption from attending family dispute resolution pursuant to section 60I of the *Family Law Act 1975*, and dispensed with service of the application upon the father, acknowledging the circumstances of the case. The court also directed that a sealed copy of its order be served on the Registrar of Births, Deaths and Marriages to facilitate the name change.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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