Terzic v Registrar of Births, Deaths and Marriages

Terzic brought a review of a decision of the Registrar of Births, Deaths and Marriages, who refused to register a fourth change of name. The court was required to determine whether the Registrar's decision to refuse to change the applicant's name for a fourth time was legally sound, particularly in light of the exceptions to the general prohibition on multiple name changes. The central issue was whether there exists a rigid rule prohibiting a name change on a fourth or subsequent occasion when the reason for the application is personal preference. Additionally, the court needed to consider whether fresh evidence presented justified the name change.

The court found that there was no inflexible rule preventing a name change on a fourth or subsequent occasion if the reason for the application was personal preference. The court emphasised the need to interpret the exceptions to the general prohibition on multiple name changes flexibly, taking into account the specific circumstances of each case. The court highlighted that the Registrar had not properly considered the fresh evidence provided by the applicant, which included a statement from the applicant explaining her reasons for the name change and the impact of the refusal on her well-being. The court concluded that the Registrar's decision was unreasonable and set it aside, directing that the matter be remitted for reconsideration in accordance with the court's directions.