Jepson & Fleming
Case
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[2018] FCCA 400
•28 February 2018
Details
AGLC
Case
Decision Date
Jepson & Fleming [2018] FCCA 400
[2018] FCCA 400
28 February 2018
CaseChat Overview and Summary
This matter concerned an application by Ms Jepson, the mother of a child, for an order to change the child's registered name. The application was brought before Judge Obradovic in the Local Court of New South Wales. The dispute centred on the mother's desire to alter the child's given name from [X] to [Y].
The primary legal issue before the Court was whether it had the authority to order the change of a child's registered name under the *Births, Deaths and Marriages Registration Act 1995* (NSW). Specifically, the Court had to consider the scope of its powers under section 28(5) of the Act, which deals with the registration of names.
Judge Obradovic reasoned that the Act provided for the registration of a child's name and, by implication, for the correction or alteration of that registration. The Court found that it had the power to direct the Registrar of Births, Deaths and Marriages to register the child's name in a specified form, thereby authorising the change. The Court made orders accordingly, directing that the child be known as [Y] and authorising the mother to apply to the Registrar for this change. The Registrar was also directed to register the name as specified in the Court's order.
The primary legal issue before the Court was whether it had the authority to order the change of a child's registered name under the *Births, Deaths and Marriages Registration Act 1995* (NSW). Specifically, the Court had to consider the scope of its powers under section 28(5) of the Act, which deals with the registration of names.
Judge Obradovic reasoned that the Act provided for the registration of a child's name and, by implication, for the correction or alteration of that registration. The Court found that it had the power to direct the Registrar of Births, Deaths and Marriages to register the child's name in a specified form, thereby authorising the change. The Court made orders accordingly, directing that the child be known as [Y] and authorising the mother to apply to the Registrar for this change. The Registrar was also directed to register the name as specified in the Court's order.
Details
Key Legal Topics
Areas of Law
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Family Law
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Statutory Interpretation
Legal Concepts
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Jurisdiction
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Remedies
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Statutory Construction
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Citations
Jepson & Fleming [2018] FCCA 400
Most Recent Citation
Dhar & Gupta [2021] FedCFamC2F 56
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