OnePath Life Limited, Allianz Australia Life Insurance Limited and Suncorp Life and Superannuation Limited v NSW Registry of Births, Deaths and Marriages and Gerasimov [2014] NSWCATAP 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: OnePath Life Limited, Allianz Australia Life Insurance Limited and Suncorp Life and Superannuation Limited v NSW Registry of Births, Deaths and Marriages and Gerasimov [2014] NSWCATAP 3 Hearing dates: 23 December 2013 Decision date: 14 February 2014 Jurisdiction: Appeal Panel Before: M Chesterman, Principal Member S Montgomery, Senior Member Z Antonios, General Member Decision: 1.The appeal is dismissed. 2.The cross appeal is dismissed. 3.The Appellants' application is to be relisted in the Administrative and Equal Opportunity Division in the circumstances stated in Order 3 of the decision under appeal or on the application of any party giving three days' notice. Catchwords: Application for review of decision under Births, Deaths and Marriages Act 1995 - jurisdiction - concurrent proceedings in District Court - whether application should be stayed Legislation Cited: Administrative Decisions Tribunal Act 1997 Births, Deaths and Marriages Act 1995 Civil and Administrative Tribunal Act 2013 Cases Cited: Accident Insurance Mutual Holdings Ltd v McFadden (1993) 31 NSWLR 412 Alphapharm Pty Ltd v Smithkline Beecham (Australia) Pty Ltd (1994) 121 ALR 373 Australian Building Construction Employees' and Builders Labourers' Federation v Master Builders' Association of New South Wales (1989) 69 ALR 515 Betta Industries Pty Ltd v Chief Commissioner of State Revenue [2013] NSWADT 68 Briginshaw v Briginshaw (1938) 60 CLR 336 Complete Wardrobes & Showerscreens Pty Ltd v Chief Commissioner of State Revenue [2013] NSWADT 67 Constantin v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 16 Dayeian v Davidson (2010) 76 NSWLR 512; [2010] NSWCA 42 McCallum v Federal Commissioner of Taxation (1997) 145 ALR 446 Re McHattan and Collector of Customs (NSW) (1977) 18 ALR 154 OnePath Life Limited, Allianz Australia Life Insurance Limited and Suncorp Life and Superannuation Limited v NSW Registry of Births, Deaths and Marriages and Gerasimov [2013] NSWADT 196 PC v University of New South Wales (GD) [2005] NSWADTAP 72 Category: Principal judgment Parties: OnePath Life Ltd (First Appellant/First Cross Respondent) Allianz Australia Life Insurance Ltd (Second Appellant/Second Cross Respondent) Suncorp Life and Superannuation Ltd (Third Appellant/Third Cross Respondent) NSW Registry of Births, Deaths and Marriages (First Respondent/Fourth Cross Respondent) Sergy Gerasimov (Second Respondent/Cross Appellant) Representation: Counsel S Walsh (Appellants/First, Second and Third Cross Respondents) P Bingham (Second Respondent/Cross Appellant) M Iacuzzi, Turks Legal (Appellants/First, Second and Third Cross Respondents) M Hill, Crown Solicitor's Office (First Respondent/Fourth Cross Respondent) T Cobban, Maurice Blackburn Lawyers (Second Respondent/Cross Appellant) File Number(s): 139037, 139040 Decision under appeal Citation: OnePath Life Limited, Allianz Australia Life Insurance Limited and Suncorp Life and Superannuation Limited v NSW Registry of Births, Deaths and Marriages and Gerasimov [2013] NSWADT 196 Date of Decision: 2013-08-30 00:00:00 Before: General Division File Number(s): 133166