Malmo & Hartigan

Case

[2010] FamCA 1182

16 December 2010


Details
AGLC Case Decision Date
Malmo & Hartigan [2010] FamCA 1182 [2010] FamCA 1182 16 December 2010

CaseChat Overview and Summary

In the matter of *Malmo & Hartigan*, heard by Justice Rose, the dispute concerned the surname of a child born in December 2007. The court was required to determine the appropriate surname for the child, considering the parents' differing views.

The central legal issue before the court was whether the child should retain her existing surname or have it altered to reflect a hyphenated surname combining both parents' surnames. This involved considering the child's best interests in determining her surname.

Justice Rose reasoned that it was in the child's best interests to adopt the hyphenated surname "Malmo-Hartigan". The court ordered that the child be henceforth known by this new surname and that both parties take all necessary steps to alter the child's name on official records, including birth registration, school, and medical documents. The father was also ordered to pay the associated registration fees. The application for costs by the independent children's lawyer was dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Jurisdiction

Actions
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Most Recent Citation
Lowell and Jordan [2017] FamCA 180

Cases Citing This Decision

3

AUDEN & FIELDING [2017] FamCA 764
Lowell and Jordan [2017] FamCA 180
Cases Cited

0

Statutory Material Cited

1