Rodrigues v Registrar of Births, Deaths and Marriages [2020] NSWCATAD 267

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rodrigues v Registrar of Births, Deaths and Marriages [2020] NSWCATAD 267 Hearing dates: On the papers Date of orders: 30 October 2020 Decision date: 30 October 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: (1) The Tribunal dispenses with a hearing in this matter in accordance with section 50(3) of the Civil and Administrative Tribunal Act 2013. (2) The decision of the Registrar to refuse to correct the applicant's name in his marriage certificate is affirmed. Catchwords: BIRTHS, DEATHS AND MARRIAGES – marriage registration - name changed after marriage – application to correct marriage register to reflect changed name refused– name change does not have retrospective effect on earlier marriage certificate – decision affirmed. Legislation Cited: Administrative Decisions Review Act 1997 Births, Deaths and Marriages Registration Act 1995 Births, Deaths and Marriages Registration Regulation 2017 Civil and Administrative Tribunal Act 2013 Marriage Act 1961 (Cth) Marriage Regulation 2017 (Cth). Cases Cited: Charlwood v New South Wales Registrar of Births, Deaths and Marriages [2019] NSWCATAD 69 Crawford v Davidson-Crawford [2019] NSWSC 72 Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60. McDonald v Director-General of Social Security [1984] FCA 57; (1984) 1 FCR 354 Texts Cited: None cited Category: Principal judgment Parties: Eric Rodriguez (Applicant) Registrar of Births, Deaths and Marriages (Respondent) Representation: Solicitors: Applicant (Self Represented) Department of Customer Services (Respondent) File Number(s): 2020/00214710 Publication restriction: None