Moore v Registrar of Births, Deaths and Marriages

Moore sought to have the name of Pasquale Capomolla, her biological father, added to her pre-adoption birth certificate. The Registrar of Births, Deaths and Marriages refused to amend the certificate. Moore appealed to the court to set aside the Registrar's decision. The court was required to determine whether the Registrar's decision was correct and whether the pre-adoption birth certificate could be amended to include the biological father's name based on DNA evidence and statutory declarations.

The court considered whether the Registrar had discretion to amend the birth certificate and whether the statutory declarations and DNA evidence provided sufficient grounds for the amendment. The court also examined the presumption of regularity, the application of beneficial legislation, and the impact of non-statutory policies on the Registrar's decision. Ultimately, the court found that the Registrar's decision was not in accordance with the law and that the pre-adoption birth certificate could be amended based on the evidence presented.

The court set aside the Registrar's decision and ordered that an entry be made in the Register by adding Pasquale Capomolla's details to Moore's pre-adoption birth certificate. The court found that the Registrar had the discretion to amend the certificate and that the statutory declarations and DNA evidence provided sufficient grounds for the amendment. The court also determined that the presumption of regularity and beneficial legislation supported the amendment, and that the non-statutory policy did not prevent the amendment.