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  • Unreported Judgment

Re Mackay-Payne

 

[2004] QSC 384

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

MACKENZIE J

Application No 392 of 2004

IN THE MATTER OF AN APPLICATION BY AIMEE LOUISE MACKAY-PAYNE

and

IN THE MATTER OF AN APPLICATION UNDER SECTION 10 OF THE STATUS OF CHILDREN ACT

and

IN THE MATTER OF THE DECLARATION OF PATERNITY OF THE CHILD EJYPT REUBEN

CAIRNS

DATE 29/09/2004

JUDGMENT

HIS HONOUR: This is an application pursuant to section 10 of the Status of Children Act for a declaration of paternity of a child. The evidence in support of the application consists of an affidavit from the child's mother, an undated letter written by the putative father to his mother informing her that the applicant was pregnant and evidencing a loving relationship between them, and some photographs of them suggestive of a close relationship while they were travelling together in South Africa in the first half of the year 2000.

Unfortunately, the putative father died in a diving accident on the 10th of June 2000. There is no DNA evidence confirming his paternity. The child was born on the 28th of January 2001. The applicant, her mother, and the putative father's mother are all agreed that it is in the interests of all parties that a declaration be made. Proof to my satisfaction that the relationship of father and child exists between the putative father and the child is required by section 10(1) of the Act. The preponderance of evidence is that relationship exists.

I therefore declare that pursuant to section 10 of the Status of Children Act, a declaration be made that Carl John-Allen Reuben is the father of the child, Ejypt Reuben.

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Editorial Notes

  • Published Case Name:

    In the Matter of an Application by Aimee Louise Mackay-Payne

  • Shortened Case Name:

    Re Mackay-Payne

  • MNC:

    [2004] QSC 384

  • Court:

    QSC

  • Judge(s):

    Mackenzie J

  • Date:

    29 Sep 2004

Litigation History

No Litigation History

Appeal Status

No Status