LEGGETT & WILLIS

In the matter of Leggett & Willis, the applicant sought to change the surname of the child, X, born in 2002. The child resided with the mother in New South Wales, while the child's birth particulars were registered in Victoria. The dispute centred on the appropriate jurisdiction and legislation governing the registration of a change of name for the child.

The primary legal issues before the court were whether the *Births, Deaths and Marriages Registration Act 1995* (NSW) or the *Births, Deaths and Marriages Registration Act 1996* (Vic) applied to the child, and consequently, which court possessed the jurisdiction to approve the proposed change of name. The court was required to determine if the Federal Circuit Court had the authority to grant such an approval under the Victorian legislation.

Judge Scarlett reasoned that the *Births, Deaths and Marriages Registration Act 1996* (Vic) applied to the child, as the child's birth particulars were registered in Victoria. The court noted that section 26(3) and 26(4) of this Act grant jurisdiction to "the Court" to approve a proposed change of a child's name, with "Court" being defined as "the County Court". Therefore, the Federal Circuit Court lacked the jurisdiction to approve the change of name under these provisions. The court concluded that the application for approval of the change of name should have been made to the County Court of Victoria.

Despite the jurisdictional issue regarding the name change approval, the court made orders granting the applicant leave to proceed ex parte, awarding sole parental responsibility for the child X to the applicant, and ordering that the name of the child X be changed to X.