Jorah and Jorah

In the matter of *Jorah and Jorah*, Foster J of the Supreme Court of New South Wales considered an application by the Mother, Ms Jorah, concerning the registration of her children's surnames. The dispute centred on the desire of the Mother to change the registered surnames of her three children, B Jorah, C Jorah, and D Jorah, from "Jorah" to "Sohara".

The primary legal issue before the Court was whether it had the authority to permit the change of the children's registered surnames. This involved an interpretation of the *Births, Deaths and Marriages Registration Act 1995* (NSW), specifically section 28(5), which governs the registration of names. The Court also had to consider whether it was appropriate to grant such an order on an *ex parte* basis, meaning without the other parent being present or formally notified.

Foster J reasoned that the Court possessed the power to authorise such a change under the relevant legislation. The Court dispensed with the usual procedural requirements to facilitate an *ex parte* hearing, indicating a recognition of the specific circumstances of the application. The Court ultimately ordered that the Mother be authorised to apply to the Registrar of Births, Deaths and Marriages, New South Wales, to change the registered surnames of the three children from "Jorah" to "Sohara". The Registrar was directed to register the children's names in the new form, and a sealed copy of the order was to be forwarded to the Registrar.