Turkman v Registrar, NSW Registry of Births Deaths & Marriages
Case
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[2011] NSWADT 258
•27 October 2011
Details
AGLC
Case
Decision Date
Turkman v Registrar, NSW Registry of Births Deaths and Marriages [2011] NSWADT 258
[2011] NSWADT 258
27 October 2011
CaseChat Overview and Summary
In the case of Turkman v Registrar, NSW Registry of Births Deaths & Marriages, the plaintiff sought to have their name changed on their birth certificate to reflect their preferred gender identity. The dispute arose when the Registrar of the NSW Registry of Births Deaths & Marriages denied the plaintiff's application to change their name on the birth certificate. The case was heard by the Land and Environment Court of New South Wales, which was asked to review the Registrar's decision and determine whether it was lawful and reasonable.
The central legal issue before the court was whether the Registrar's decision to deny the plaintiff's application to change their name on the birth certificate was lawful and reasonable. The court considered whether the Registrar had properly applied the relevant statutory provisions and whether the decision was based on an error of law or a failure to take into account a relevant consideration. The court also considered whether the decision was unreasonable in the sense that it was irrational or not based on the evidence before the Registrar.
The court held that the Registrar's decision was lawful and reasonable. The court found that the Registrar had properly applied the relevant statutory provisions and had not made an error of law. The court also found that the Registrar had considered all relevant matters and had not failed to take into account any relevant consideration. The court held that the decision was not irrational and was based on the evidence before the Registrar. The court therefore affirmed the decision under review.
The court did not make any further orders. The decision of the Land and Environment Court of New South Wales affirmed the Registrar's decision to deny the plaintiff's application to change their name on the birth certificate. The court held that the decision was lawful and reasonable and was not based on an error of law or a failure to take into account a relevant consideration. The court found that the decision was rational and was based on the evidence before the Registrar.
The central legal issue before the court was whether the Registrar's decision to deny the plaintiff's application to change their name on the birth certificate was lawful and reasonable. The court considered whether the Registrar had properly applied the relevant statutory provisions and whether the decision was based on an error of law or a failure to take into account a relevant consideration. The court also considered whether the decision was unreasonable in the sense that it was irrational or not based on the evidence before the Registrar.
The court held that the Registrar's decision was lawful and reasonable. The court found that the Registrar had properly applied the relevant statutory provisions and had not made an error of law. The court also found that the Registrar had considered all relevant matters and had not failed to take into account any relevant consideration. The court held that the decision was not irrational and was based on the evidence before the Registrar. The court therefore affirmed the decision under review.
The court did not make any further orders. The decision of the Land and Environment Court of New South Wales affirmed the Registrar's decision to deny the plaintiff's application to change their name on the birth certificate. The court held that the decision was lawful and reasonable and was not based on an error of law or a failure to take into account a relevant consideration. The court found that the decision was rational and was based on the evidence before the Registrar.
Details
Key Legal Topics
Areas of Law
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Civil Litigation & Procedure
Legal Concepts
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Standing
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Res Judicata
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Civil Penalty
Actions
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Most Recent Citation
Ers v Registrar of Births, Deaths and Marriages [2021] NSWCATAD 186
Cases Citing This Decision
8
Ers v Registrar of Births, Deaths and Marriages
[2021] NSWCATAD 186
DZM v Registrar of Births Deaths and Marriages
[2019] NSWCATAD 188
Wells v Registry of Births, Deaths and Marriages
[2016] NSWCATAD 191
Cases Cited
1
Statutory Material Cited
1
Ezekeil v Registrar of Births, Deaths and Marriages
[2011] NSWADT 137
Ezekeil v Registrar of Births, Deaths and Marriages
[2011] NSWADT 137