Avery v Registrar, Births Deaths and Marriages (No 2) [2014] NSWCATAP 43

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Avery v Registrar, Births Deaths and Marriages (No 2) [2014] NSWCATAP 43 Hearing dates: On papers after 3 July 2014 Decision date: 14 August 2014 Jurisdiction: Appeal Panel Before: N Hennessy, LCM, Deputy President S Frost, Senior Member P Smith, General Member Decision: Time for the Registrar of Births Deaths and Marriages to file the notice of reply is extended to 29 January 2014. Ms Avery is granted leave to file the supplementary grounds of appeal filed on 11 February 2014 and 5 March 2014 out of time. The Tribunal's decision not to cancel the 2007 entry in the Register with respect to Ms Avery's change of name is affirmed. The appeal is extended to the merits of the Tribunal's decision to refuse to issue a certificate relating to Ms Avery's 1997 change of name. The Registrar's decision not to issue a certificate relating to Ms Avery's 1997 change of name is affirmed. Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW) Administrative Decisions Tribunal Rules 1998 (NSW) Births Deaths and Marriages Act 1995 (NSW) Civil and Administrative Tribunal Act 2013 NSW Cases Cited: Avery v Registry of Births Deaths and Marriages [2008] NSWADTAP 68 Avery v Registrar of Births, Deaths and Marriages [2010] NSWCA 72 Re De Brett Investments Pty Ltd and Australian Fisheries Management Authority and 4 Seas Pty Ltd (2005) 82 ALD 163 Tomko v Palasty (No 2) [2007] NSWCA 3 Category: Principal judgment Parties: Stephanie Tatiana Patricia Avery Registrar, NSW Registry of Births, Deaths and Marriages Representation: Appellant (in person) 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