Lowell and Jordan

Case

[2017] FamCA 180

24 March 2017


Details
AGLC Case Decision Date
Lowell and Jordan [2017] FamCA 180 [2017] FamCA 180 24 March 2017

CaseChat Overview and Summary

In the matter of Lowell and Jordan, Hannam J of the Supreme Court of New South Wales was required to determine an application concerning the surname of a child, B Lowell, born in 2012. The dispute centred on whether the child's surname should be changed.

The primary legal issue before the Court was the appropriate surname for the child, B Lowell. This involved considering the relevant provisions of the *Births Deaths and Marriages Registration Act 1995* (NSW), specifically section 28(5), which pertains to the registration of a child's name. The Court also had to address the dismissal of other outstanding parenting applications.

Hannam J ordered that both parties take all necessary steps to change the child's surname to 'Jordan-Lowell' and that the Registrar of Births, Deaths and Marriages register the name in this form, pursuant to section 28(5) of the *Births Deaths and Marriages Registration Act 1995* (NSW). The Court also discharged a previous order made on 5 September 2016 and dismissed all other outstanding parenting applications in relation to the child. Further, the Court included particulars of obligations, consequences of contravention, and assistance for compliance within the orders, as permitted by sections 65DA(2) and 62B of the relevant legislation.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Remedies

  • Statutory Construction

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Cases Citing This Decision

0

Cases Cited

6

Statutory Material Cited

1

M v M [1988] HCA 68
Briginshaw v Briginshaw [1938] HCA 34
M v M [1988] HCA 68