The District Court held that it is strongly arguable it possesses implied power to grant interlocutory injunctive relief ancillary to its express jurisdiction under ss 19 and 22 of the Births, Deaths and Marriages Registration Act 1995 (NSW), relying on the Pelechowski doctrine of necessarily implied powers for inferior courts, read with s 9(1)(b) and s 46 of the District Court Act 1973 (NSW). The Court was less persuaded that jurisdiction arose under s 44(1)(a) of the District Court Act. The Court also held that the usual undertaking as to damages was not required in the unusual circumstances of a child-naming dispute where no financial loss to the defendant could be identified.
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