Whinney & Kelleher

In the matter of *Whinney & Kelleher*, heard before Judge Scarlett, the applicant mother sought orders concerning her child, X, born in 2008. The dispute involved the applicant's desire to change the child's name and to have sole parental responsibility. The proceedings were conducted *ex parte*, meaning the respondent father was not present or represented.

The court was required to determine whether to grant the applicant leave to proceed *ex parte*, whether to grant the applicant sole parental responsibility for the child, and whether to permit the child's name to be changed. Additionally, the court considered the necessary steps to effect the name change through the relevant registry.

Judge Scarlett granted the applicant leave to proceed *ex parte*, acknowledging the circumstances that led to the father's absence. The court then ordered that the applicant mother have sole parental responsibility for the child. Crucially, the court ordered that the child's name be changed from X to X. To facilitate this, the court granted the applicant leave to apply to the Registrar of Births, Deaths and Marriages in New South Wales to register the name change, and further ordered the Registrar to register the child's name as X.