DZM v Registrar of Births Deaths and Marriages [2019] NSWCATAD 188

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DZM v Registrar of Births Deaths and Marriages [2019] NSWCATAD 188 Hearing dates: 28 August 2019 Date of orders: 11 September 2019 Decision date: 11 September 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: NS Isenberg RFD, Senior Member Decision: The decision under review is affirmed and the review application is dismissed. Catchwords: MERITS REVIEW - decision of Registrar of Births, Deaths and Marriages not to register a change of name after registration of more than three prior name changes – restrictions on registering changes of name and exceptions to restrictions – discretion on registration – improper purpose – possibility of name change in foreign country if dual citizenship – fluidity of changes to proposed new name. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Births Deaths and Marriages Registration Act 1995 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Ezekeil v Registrar of Births Deaths and Marriages [2011] NSWADT 137 Mellini v Registrar of Births, Deaths and Marriages [2012] NSWADT 215 Terzic v Registrar of Births, Deaths and Marriages [2013] NSWADT 82 Turkman v Registrar, NSW Registry of Births Deaths & Marriages [2011] NSWADT 258 Wells v Registry of Births, Deaths and Marriages [2016] NSWCATAD 191 Texts Cited: Nil Category: Principal judgment Parties: DZM (Applicant) Registrar of Births Deaths and Marriages (Respondent) Representation: Applicant (self-represented) Office of the General Counsel, Department of Communities and Justice (Respondent) File Number(s): 2019/00155154 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) and subject to any further order of the Tribunal: 1. I prohibit the disclosure of the name of the Applicant, DZM, to any person other than the Respondent and the legal advisers to the Respondent. 2. I prohibit the publication or broadcast of any part of a report of proceedings in the Tribunal, where such part discloses any name by which the Applicant was at any time known or applied to be known. 3. I prohibit the publication of evidence given before the Tribunal, whether in public or in private, or of matters contained in documents lodged with the Tribunal or received in evidence by the Tribunal to the extent that such evidence discloses any name by which the Applicant was at any time known or applied to be known or could reasonably be identified.