Jack v NSW Registrar of Births, Deaths and Marriages [2019] NSWCATAD 200

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jack v NSW Registrar of Births, Deaths and Marriages [2019] NSWCATAD 200 Hearing dates: 1 June 2019, 12 August 2019 Date of orders: 25 September 2019 Decision date: 25 September 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof G D Walker, Senior Member Decision: Decision under review affirmed. Catchwords: BIRTHS, DEATHS AND MARRIAGES – application to correct register – death certificate – de facto relationship – criteria – conflicting evidence -contemporary documents – duration of relationship. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Births, Deaths and Marriages Registration Act 1995 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Asquith v New South Wales Registrar of Births, Deaths and Marriages [2013] NSWCATAD 8; Bennett v New South Wales Registrar of Births, Deaths and Marriages [2006] NSWADT 33; Briginshaw v Briginshaw (1938) 60 CLR 316; Bronze Wing International Pty Ltd v SafeWork New South Wales [2017] NSWCA 42; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; Garrick v New South Wales Registrar of Births, Deaths and Marriages [2017] NSWCATAD 306; Jones v Dunkel (1959) 101 CLR 298; McDonald v Director-General, Department of Social Security 1984] FCA 57, (1984) 1 FCR 354; Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10; Sterjovski v Director General, Department of Transport [2000] NSWADT 10; Ward v New South Wales Registrar of Births, Deaths and Marriages [2015] NSWCATAD 86. Category: Principal judgment Parties: Christy Jack (Applicant) NSW Registrar of Births, Deaths and Marriages (First Respondent) Leanne McLachlan (Second respondent) Representation: Solicitors: Applicant (Self Represented) Office of General Counsel (First Respondent) Second Respondent (Self Represented) File Number(s): 2019/00075867 Publication restriction: Nil