Carter and De Nada

[2010] FamCA 309

FAMILY COURT OF AUSTRALIA

CARTER & DE NADA [2010] FamCA 309

FAMILY LAW – MARRIAGE – Nullity

APPLICANT: Ms Carter

RESPONDENT: Mr De Nada

FILE NUMBER: SYC 1798 of 2010

DATE DELIVERED: 16 April 2010

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Cohen J

HEARING DATE: 16 April 2010

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Mr Ryrie, ELLIOT TUTHILL SOLICITORS

Orders

1. That the marriage between the parties which took place on … February 1995 is void on the ground that at the time of that marriage the respondent was lawfully married to some other person.

Notation:

A.That there is no appearance by the respondent.

IT IS NOTED that publication of this judgment under the pseudonym Carter & De Nada is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 1798 of 2010

MS CARTER

Applicant

And

MR DE NADA

Respondent

REASONS FOR JUDGMENT

1. I note that there is no appearance by the respondent.  This is an application to declare a marriage between the parties void.  The parties purportedly, or actually, married on … February 1995 in circumstances where the respondent had married another person on 5 November 1987 and was not divorced by the time of the marriage on … February.  In fact, he was divorced on 30 November 2001.  Further, he pleaded guilty and was convicted of bigamy on 5 December 2006.  In those circumstances, section 23B(1)(a) of the Marriage Act applies to make the marriage to the applicant void.  I shall make the order which is sought.

I certify that the preceding one (1) paragraph is a true copy of the reasons for judgment of the Honourable Justice Cohen.

Associate:     

Date:              23 April 2010