Anka Vuksic v Permanent Trustee Co Ltd [2007] NSWSC 477

New South Wales Supreme Court

CITATION : Anka Vuksic v Permanent Trustee Co Ltd [2007] NSWSC 477

HEARING DATE(S) : 27/04/07

JUDGMENT DATE : 27 April 2007

JURISDICTION : Equity Division

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 27 April 2007

DECISION : See paragraphs 13 and 14 of judgment.

CATCHWORDS : FAMILY LAW – Parentage – Parentage testing – Claim under Family Provision Act 1982 (NSW) – Paternity in issue – Whether parentage test should be ordered – Distress caused by imputation of mother's alleged infidelity not sufficient ground to refuse testing – Where sample from deceased not taken in accordance with s 31 of the Status of Children Act 1996 (NSW) and Status of Children Regulation 2003 (NSW) – Seriously arguable that s 31 of the Status of Children Act 1996 (NSW) and procedures set out in Status of Children Regulation 2003 (NSW) do not provide exclusive means by which parentage report can be admissible in proceedings under Family Provision Act 1982 (NSW) – Admission of deceased's results might not be required in ultimate proceedings where plaintiff's parentage testing results could be compared with siblings' results – Order that parentage testing procedures be undergone by plaintiff. - FAMILY LAW – Parentage – Parentage testing – Claim under Family Provision Act 1982 (NSW) – Paternity in issue – Whether parentage test should be ordered against persons not joined as parties to proceedings – Order refused. - (NSW) Status of Children Act 1996 – s 3(1), 26, 31 - (NSW) Status of Children Regulation 2003 – r 5 - (NSW) Family Provision Act 1982

Status of Children Act 1996 (NSW) LEGISLATION CITED : Status Of Children Regulations 2003 (NSW) Family Provision Act 1982 (NSW)