Juchau v Registry of Births, Deaths and Marriages [2009] NSWADT 260

CITATION: Juchau v Registry of Births, Deaths and Marriages [2009] NSWADT 260

DIVISION: General Division

APPLICANT Todd Charles Juchau PARTIES: RESPONDENT Registry of Births Deaths and Marriages

FILE NUMBER: 093036

HEARING DATES: 11 May 2009

DATE OF DECISION: 6 October 2009

BEFORE: Montgomery S - Judicial Member

CATCHWORDS: Birth, Deaths and Marriages Registration Act - amendment of register

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Births, Deaths and Marriages Registration Act 1995

CASES CITED: Abolish Child Support and Family Court and Minister for Foreign Affairs and Trade [2001] AATA 159 Mr Prime Minister John Piss The Family Court And Legal Aid and Minister for Foreign Affairs and Trade [2000] AATA 1028 Water Conservation and Irrigation Commission v Browning (1947) 74 CLR 492

APPLICANT In person REPRESENTATION: RESPONDENT M Dalla-Pozza, solicitor

ORDERS: The decision under review is affirmed.

REASONS FOR DECISION 1 In October 2008 the Applicant applied to the Registrar of Births Deaths and Marriages ("the Registrar"), pursuant to section 30 of the Births Deaths and Marriages Registration Act 1995 ("the BDMR Act"), to change his name from Todd Charles Juchau to Prince Todd Charles Juchau.

2 The Applicant indicated that his reasons for the request were "change to my Royal Heraldic Identity (Birth Right). Religious reasons".

3 In January 2009, a delegate of the Registrar refused to register the change of name. That refusal was affirmed on an internal review. The Applicant applied to this Tribunal for review of that decision.