Myers v Registrar of Births, Deaths and Marriages [2021] NSWCATAD 300

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Myers v Registrar of Births, Deaths and Marriages [2021] NSWCATAD 300 Hearing dates: On the papers Date of orders: 19 October 2021 Decision date: 19 October 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 the Tribunal dispenses with a hearing in this matter. (2) The decision of the Registrar of Births, Deaths and Marriages to refuse to amend the Register is affirmed. Catchwords: ADMINISTRATIVE LAW – Administrative Review – review decision of Registrar of Births, Deaths and Marriages not to amend particulars of death to show that deceased did not have a de facto partner – meaning of de facto partner – s 21C of the Interpretation Act 1987 – consideration of whether deceased had a de facto partner - decision of Registrar affirmed. Legislation Cited: Administrative Decisions Review Act 1997 Births, Deaths and Marriages Registration Act 1995 Civil and Administrative Tribunal Act 2013 Interpretation Act 1987 Relationships Register Act 2010 Succession Act 2006 Cases Cited: Yesilhat v Calokerinos [2021] NSWCA 110 Category: Principal judgment Parties: Carol June Mary Bernadette Myers – applicant Registrar of Births, Deaths and Marriages – respondent Nicole Mensinga – joined party Representation: Solicitors: Baker, Mannering & Hart (Applicant) Legal, Corporate Services, Department of Customer Service (Respondent) N Mensinga (Joined Party – self-represented) File Number(s): 2021/00091239