Director-General, Department of Community Services v The Adoptive Parents [2005] NSWCA 385

Reported Decision : 64 NSWLR 268

New South Wales Court of Appeal

CITATION: Director-General, Department of Community Services v The Adoptive Parents [2005] NSWCA 385

HEARING DATE(S): 19 October 2005

JUDGMENT DATE: 14 November 2005

JUDGMENT OF: Mason P at 1; Giles JA at 2; Campbell AJA at 53

DECISION: Leave to appeal granted. Appeal dismissed with costs.

CATCHWORDS: Adoption - change in given name or names of child - what is a given name - given name or names as at what time - whether addition of a name is a change - special reasons related to the interests of the child - weight to be given to calling child by new name in period prior to adoption application. D

Application of B and P, child H [2005] NSWSC 29; Application of C P and J P, child S [2004] NSWSC 687; Application of K, child N H [2005] NSWSC 248; Application of M and S [2004] NSWSC 203; reported as re M and Anor (2004) 31 Fam LR 415; Application of MJR and MJR, child KBH [2003] NSWSC 937; Application of P M and C M, child Y C [2004] NSWSC 461; Application of R M and E S M, re Y [2004] NSWSC 937; Baker v The Queen [2004] HCA 45; CASES CITED: Chapman v Palmer (1978) FLC 90-510; Earl Cowley v Countess Cowley (1901) AC 450; re D Y K and the Adoption Act 2000 [2005] NSWSC 1045; re H and the Adoption Act [2004] NSWSC 1242; re Parrott, Case v Carrott (1946) Ch 183; R v The Inhabitants of Billingshurst (1814) 3 M & S 25; 105 ER 603; (2004) 62 NSWLR 495; R v Kelly (2000) QB 198; Williams v Bryant (1839) 5 M & W 447.