Chi and Xana

[2019] FamCA 606

FAMILY COURT OF AUSTRALIA

CHI & XANA [2019] FamCA 606

FAMILY LAW – NULLITY – declaration that the annulment granted in Country D is a valid annulment for the purposes of Australian law.

Family Law Act 1975 (Cth) ss. 104, 113

Anderson & McIntosh [2013] FamCAFC 200
Chandra& Alhoub [2015] FamCA 77

APPLICANT: Ms Chi

RESPONDENT: Mr Xana

FILE NUMBER: BRC 12389 of 2017

DATE DELIVERED: 29 August 2019

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Baumann J

HEARING DATE: 14 June 2019

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Accuro Legal (Brisbane)

NO APPEARANCE BY THE RESPONDENT

Orders

1. That personal service upon the Respondent, Mr Xana is dispensed with.

2. That a declaration is made that the annulment granted on 10 May 2018 in Country D, of the marriage solemnised in Australia between the Applicant and the Respondent on 9 October 2015, is a valid annulment for the purposes of Australian law.

3. That leave is given to the Applicant to provide a copy of this Order to the Registry of Births, Deaths and Marriages (Queensland).

4. That all other applications are dismissed.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Chi & Xana has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 12389 of 2017

Ms Chi

Applicant

And

Mr Xana

Respondent

REASONS FOR JUDGMENT

Introduction

1. The Applicant Ms Chi seeks a declaration that the Civil judgment of the Court in Country D dated 10 May 2018 that “the marriage between the plaintiff Ms Chi and the defendant Mr Xana is deemed annulled” is valid in Australia.

2. I am satisfied that the Applicant has taken all reasonable steps to serve the Respondent Mr Xana with the Initiating Application filed 21 November 2017 (and amended 25 July 2018).  For completeness, I intend to make an order dispensing with personal service on the Respondent.  The effect of the amended Application, filed after the order was made in the Court in Country D, was to seek a declaration that the judgment was valid in Australia where the initial application sought a decree of nullity.

3. The Respondent has not sought to appear in these proceedings or file any material.  It is noted that the Respondent did not appear in the Country D proceedings.

4. I am satisfied that:

   a)both parties are Country D Citizens and currently reside in Country D;

   b)the Respondent married Ms B in Country D in January 2012;

   c)in March 2015, the parties came to Australia pursuant to a visa, the Respondent having…