Legal Comment by Mark Illidge of Hinterland Lawyers

September 2005

It's quite legal to go by any name you choose, as long as your intention is not to defraud anyone.  You don't have to apply to any authority to change your name.  However, many organisations (banks, for example) require proof of identity, so if you change your name you'll need official evidence of the change.

Changes to the law last year mean that you will no longer be able to change your name by deed poll in Queensland.  However, you may be able to register a change of name on the 'Change of Name Register' which is maintained by the Registry of Births, Deaths and Marriages.

A person whose birth or adoption has been registered in Queensland or who was born outside of Australia and ordinarily resides in Queensland can apply, or in the case of a child, the child's parents or in certain circumstances one parent, or the child's guardian.  The child's consent is normally required if they are over 12 years of age.  Alternatively you may require a certificate signed by a doctor if the child does not understand the meaning and implications of the change of name.

Unless a Magistrates Court has approved the change, application to register a change of name of an adult or the surname of a child may be made only once in every one year period.  Without Court approval, the change of a child's first names may only be registered once before the child reaches 18 years of age.  A child's first name can also be changed once within a year of their birth.  The Court's approval may also be required to register a child's change of name if application is made by only one parent or guardian.

To find out more about the authors you can read About Us

For more information or to make an appointment please Contact Us