LU v Registrar of Births Deaths and Marriages [2013] NSWDC 121

District Court New South Wales

Medium Neutral Citation: LU v Registrar of Births Deaths and Marriages [2013] NSWDC 121 Hearing dates: 29 April 2013 Decision date: 29 April 2013 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: 1. Direct the second defendant to notify the independent child representative of these orders by 5pm on 6 May 2013 by providing the independent child representative with a copy of these orders, the summons, the affidavits that have been read, the email address of my associate and the address for service (in these proceedings) of the parties. The second defendant is to provide a copy of this correspondence, excluding the summons and affidavits, to the other parties and the child's mother. 2. Grant liberty to the independent child representative by 5pm on 20 May 2013 to: (a) provide written submissions to be sent to my associate; and (b) notify my associate of a desire to make an oral submission, with a copy of any written submission or notification to be provided to the child's mother and the parties. 3. In the event that the independent child representative provides no notification or submission by 5pm on 20 May 2013 or notifies my associate that the independent child representative does not wish to be heard, judgment will be reserved to a date to be advised. If any submission or notification is received, the matter will be listed for directions on a date to be advised. 4. The order made on 11 February 2013, restricting publication of anything that would identify the child, continues until any further contrary order. Catchwords: FAMILY LAW - de facto relationships - cohabiting and same sex couples - registration as parent - birth certificate - application to replace name of biological father with name of former partner of birth mother Legislation Cited: Births, Deaths and Marriages Registration Act 1995, s 18, s 19, cl 17 of Sch 3 Civil Procedure Act 2005, s 56, s 66 Status of Children Act 1996, s 9, s10, s 11, s 12, s 13, s14, s 15, s 16, s 17, s 18, s 19, s 34, cl 7 of Sch 2 Category: Interlocutory applications Parties: LU (plaintiff) Registrar of Births, Deaths and Marriages (first defendant) LS (second defendant) Representation: Ms C Gleeson (plaintiff) Corrs Chambers Westgarth Lawyers (plaintiff) Crown Solicitor's Office (first defendant) Stacks/Family Law (second defendant) File Number(s): 2012/396246 Publication restriction: Publication restriction of anything that would identify the child the subject of the proceedings.