Re David [2022] NSWSC 1738

Supreme Court New South Wales

Medium Neutral Citation: Re David [2022] NSWSC 1738 Hearing dates: 29 June 2022 Date of orders: 29 June 2022 Decision date: 29 June 2022 Jurisdiction: Equity - Adoptions List Before: Slattery J Decision: Adoption orders discharged pursuant to Adoption Act 2000, s 93(4)(b). The applicant's name changed back to his first name. Catchwords: ADOPTION – discharge of adoption orders pursuant to Adoption Act 2000, s 93(4)(b) – applicant of First Nations heritage – the applicant was adopted in 1980 away from his First Nations community – the applicant suffered sexual abuse by his adoptive father and other persons over many years – applicant seeks the discharge of adoption orders – whether sufficient evidence of sexual abuse – whether adoption orders should be discharged – whether the applicant's name should be changed back to his birth name. Legislation Cited: Adoption Act 1965 Adoption Act 2000, ss 93(4), 93(4)(b), 93(7)(a) Births, Deaths and Marriages Act 1995, s 19(2) Children and Young Persons (Care and Protection) Act 1998 Cases Cited: Adoption of LVH [2014] NSWSC 1902 Re P [2019] NSWSC 1623 Re S [1969] VR 490 Re Susan [2009] NSWSC 592 Category: Consequential orders Parties: Applicant: [not to be published] First Respondent: [not to be published] Second Respondent: The Honourable Mark Speakman Representation: Counsel: For Secretary, Department of Communities and Justice, Crown Solicitor: Dr M Barnett The applicant: self-represented