Miller and Hunter

In the matter of *Miller and Hunter*, Hogan J of the Family Court of Australia considered an application by Mr Miller and Ms Miller for leave to commence adoption proceedings concerning a child, B, born in 2004. The application also sought orders relating to the child's surname. Mr Hunter was the respondent in these proceedings.

The court was required to determine whether to grant the applicants leave to commence adoption proceedings. Additionally, the court had to consider the appropriate orders regarding the child's name, specifically whether the child's surname should be changed to Miller, and the mechanism for achieving this change, including the respondent's role and potential default.

Hogan J granted the applicants leave to commence adoption proceedings pursuant to section 60G of the *Family Law Act 1975* (Cth). The court further ordered that Ms Miller and Mr Hunter take all necessary steps to change the child's name to B Miller. Ms Miller was directed to prepare and provide the necessary forms to Mr Hunter, who was required to sign and return them within fourteen days. The court stipulated that Ms Miller would bear the costs associated with the name change. In the event Mr Hunter failed to sign the forms within the specified timeframe, a Registrar of the Court was appointed to sign the documentation in his stead, pursuant to section 106A(1) of the *Family Law Act 1975* (Cth). An alternative order was also made allowing Ms Miller to provide the forms directly to the Registrar for signing in lieu of the respondent. All other outstanding applications were dismissed.