Jepson & Fleming

Case

[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.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Remedies

  • Statutory Construction

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Most Recent Citation
Dhar & Gupta [2021] FedCFamC2F 56

Cases Citing This Decision

6

ABDUL & FARAH [2021] FCCA 170
McAuley and Salberg and Anor [2020] FCCA 1538
SAKALA & BAFTUS [2019] FCCA 3596
Cases Cited

2

Statutory Material Cited

2

Sander & Hearn [2012] FMCAfam 812
Mayes & Denning [2017] FCCA 1754