Strider and Marteo

Case

[2007] FamCA 859

6 August 2007


Details
AGLC Case Decision Date
Strider and Marteo [2007] FamCA 859 [2007] FamCA 859 6 August 2007

CaseChat Overview and Summary

In the matter of Strider and Marteo, Brown J of the Family Court of Australia considered an application concerning the change of a child's name. The dispute involved the proposed alteration of the child's surname from "STRIDER MARTEO" to "MARTEO STRIDER".

The primary legal issue before the Court was whether to approve the proposed change of name pursuant to section 26 of the *Births, Deaths and Marriages Registration Act 1996* (Victoria). This required the Court to be satisfied that the change of name was in the child's best interests. The Court also had to consider the appropriate method of service and the dismissal of certain applications.

Brown J reasoned that the change of name to "M … MARTEO STRIDER" was in the child's best interests, and therefore approved the proposed change. The Court dispensed with further service of the application on the respondent, subject to an undertaking by the applicant's solicitor to file an affidavit annexing the respondent's consent to the orders. The Court further ordered that the Registrar of Births, Deaths and Marriages in Victoria give effect to the order upon request. The applications filed on 30 May 2007 and 25 June 2007 were otherwise dismissed. The solicitor for the applicant was directed to serve a sealed copy of the order on the respondent by sending it to his last known address in India and by email. The Court also noted that the matter reasonably required the attendance of a solicitor appearing as counsel.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Procedural Fairness

  • Jurisdiction

  • Costs

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