Avery v Registrar, Births Deaths and Marriages [2014] NSWCATAP 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Avery v Registrar, Births Deaths and Marriages [2014] NSWCATAP 19 Hearing dates: 10 April 2014 Decision date: 20 May 2014 Jurisdiction: Appeal Panel Before: N Hennessy, LCM, Deputy President S Frost, Senior Member P Smith, General Member Decision: 1. The Appellant's application for N Hennessy LCM, Deputy President, to recuse herself for bias is refused. 2 The Appellant's application for adjournment of the hearing on 10 April 2014 granted. 3. The issues on the appeal can adequately be determined in the absence of the parties. 4. The Respondent is to file and serve any further material in reply within 28 days of the date of these reasons. 5. The Appellant has a further 14 days to file and serve any submissions in response. Catchwords: PRACTICE AND PROCEDURE - bias -evidence of fraud - adjournment- inadequate medical evidence - whether appeal should be determined 'on the papers' without an oral hearing Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Cases Cited: Avery v Registry of Births Deaths and Marriages [2008] NSWADTAP 68 Avery v Registrar of Births, Deaths and Marriages [2010] NSWCA 72 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 British American Tobacco Australia Services Ltd v Laurie (2011) 242 CLR 283; [2011] HCA 2 Gray t/as Clarence Valley Plumbing Services v Ware Building Pty Ltd [2013] NSWCA 261 Magjarraj v Asteron Life Limited [2009] NSWSC 1433 Texts Cited: JRS Forbes, Justice in Tribunals (3rd ed 2010, The Federation Press) Category: Interlocutory applications Parties: Stephanie Avery NSW Registry of Births, Deaths and Marriages Representation: Zelie Heger (Respondent) Crown Solicitors Office (Respondent) File Number(s): 1390051 Decision under appeal Citation: [2013] NSWADT 298 Date of Decision: 2013-12-24 00:00:00 Before: P Molony File Number(s): 133081