Colvin and Sailor

FAMILY COURT OF AUSTRALIA

COLVIN & SAILOR [2020] FamCA 244

FAMILY LAW – NULLITY – Application by Husband for a decree of nullity of marriage – Where the Husband contends that the Wife was lawfully married to another person at the time of the marriage – Where it is found that the Wife was lawfully married to another person at the time of the marriage – Where the marriage was therefore void – Decree of nullity granted.

Family Law Act 1975 (Cth)
Marriage Act 1961 (Cth)

Axon v Axon (1937) 50 CLR 395

APPLICANT: Mr Colvin

RESPONDENT: Ms Sailor

FILE NUMBER: BRC 2250 of 2018

DATE DELIVERED: 17 April 2020

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Forrest J

HEARING DATE: 23 March 2020

REPRESENTATION

THE APPLICANT: Self-Represented

SOLICITOR FOR THE RESPONDENT:

Ms Donald (by telephone)

AustralAsia Law

Orders

1. It is declared that the Marriage between Mr Colvin and Ms Sailor solemnised on … 2012 at Brisbane in the State of Queensland it void on the ground the Respondent was lawfully married to another person at the time the said marriage was solemnised and thus the said marriage is a nullity.

2. That pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth), a copy of these Reasons for Judgment may be provided to the Office of the Director of Public Prosecutions, Queensland in support of any submissions made on behalf of the Respondent to that Office.

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 Colvin & Sailor 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 2250 of 2018

Mr Colvin

Applicant

And

Ms Sailor

Respondent

REASONS FOR JUDGMENT

1. In 2012, the Applicant and the Respondent went through a civil ceremony in Brisbane solemnising marriage between them.

2. On their Marriage Certificate issued by the Registrar-General of Births, Deaths and Marriages, Queensland, the Applicant Husband’s marital status is listed as “divorced”. In fact, he had been married a few times before. At the time, he signed a declaration pursuant to the Marriage Act 1961 (Cth) that he was a divorced person. The Respondent Wife’s marital status is listed as “never validly married”, she having signed a declaration that she had “never been validly married” and was not “married to another person”.

3. The couple’s marriage relationship broke down and in May 2017 they separated on a final basis. The husband applies to this Court for a declaration of nullity in respect of their 2012 marriage. His application came on…