Terzic v Registrar of Births, Deaths and Marriages [2013] NSWADT 82

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Terzic v Registrar of Births, Deaths and Marriages [2013] NSWADT 82 Hearing dates: 7 February 2013 Decision date: 19 April 2013 Jurisdiction: General Division Before: Magistrate N Hennessy, Deputy President Decision: 1. The decision of the respondent to refuse to change the applicant's name for a fourth time is set aside. 2. The matter is remitted to the respondent for reconsideration in accordance with the direction in the reasons for decision. Catchwords: MERITS REVIEW - decision of Registrar of Births, Deaths and Marriages not to register a change of name on a fourth application - meaning of exceptions to restrictions on registering name changes - no inflexible rule that name cannot be registered on a fourth or subsequent occasion if the reason for the application is personal preference - fresh evidence justifies name change Legislation Cited: Births, Deaths and Marriages Registration Act 1995 Administrative Decisions Tribunal Act 1997 Cases Cited: Ezekeil v Registrar [2011] NSWADT 137 AHH v Registrar [2011] NSWADT 267 Turkman v Registrar [2011] NSWADT 258 Mellini v Registry [2012] NSWADT 215 Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28 Perder Investments Pty Ltd v Lightowler (1990) 25 FCR 150 Applicant S214 of 2002 v Attorney-General (Cth) (2004) 40 AAR 155 BY v Director General, Attorney General's Department [2002] NSWADT 79 Texts Cited: Aronson, Dyer and Groves, Judicial Review of Administrative Action, Lawbook Co 2009 4th ed Category: Principal judgment Parties: Sarah Terzic (Applicant) NSW Registry of Births, Deaths and Marriages (Respondent) Representation: S Terzic (Applicant in person) Crown Solicitor (Respondent) File Number(s): 123358