Moore v Registrar of Births, Deaths and Marriages [2023] NSWCATAD 171

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Moore v Registrar of Births, Deaths and Marriages [2023] NSWCATAD 171 Hearing dates: 21 June 2023 Date of orders: 30 June 2023 Decision date: 30 June 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof G D Walker, Senior Member Decision: (1) Decision under review set aside. (2) An entry is to be made in the Register by adding to the applicant's pre-adoption birth certificate the details of Pasquale Capomolla as the applicant's father. Catchwords: BIRTHS, DEATHS AND MARRIAGES – pre-adoptive birth certificate – addition of father's name – DNA evidence – statutory declarations by mother – presumption of regularity – non-statutory policy – beneficial legislation. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Births, Deaths and Marriages Registration Act 1995 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Family Law Act 1975 (Cth) Family Law Regulations 1984 (Cth) Status of Children Act 1996 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 316; Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 42; Bull v Attorney-General, New South Wales) (1913) 17 CLR 370; Dillon v R [1982] AC 484; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; Jack v New South Wales Registrar of Births, Deaths and Marriages [2019] NSWCATAD 200; McDonald v Director-General of Social Security [1984] FCA 57, (1984) 1 FCR 354; Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10; Nilant v Macchia [2000] FCA 1528, (2000) 104 FCR 238; R v Gordon (1789) 1 East PC 315; R v Port of London; ex parte Kynoch; [1919] 1 KB 176; Re Gray and ASIC (2004) 86 ALD 230; Re The Adoption of "Z" [2020] NSWSC 1725; Secretary, Department of Social Security v Alvaro (1984) 34 ALD 72; Sterjovski v Director-General, Department of Transport [2002] NSWADT 10; Ward v New South Wales Registrar of Births, Deaths and Marriages [2015] NSWCATAD 86. Texts Cited: None cited Category: Principal judgment Parties: Peter J Moore (Applicant) Registrar of Births, Deaths and Marriages (Respondent) Representation: Applicant (Self-Represented) Department of Customer Service (Respondent) File Number(s): 2022/00381909 Publication restriction: Nil