Dinal & Tohim (No. 2)

In *Dinal & Tohim (No. 2)*, Cronin J of the Federal Court of Australia considered the validity of a marriage and a subsequent divorce in the context of Australian family law. The dispute arose between a husband and wife concerning the legal status of their marriage and divorce proceedings.

The court was required to determine whether the marriage ceremony conducted in Australia in March 2000 was valid under Australian law, specifically in light of section 113 of the *Marriage Act 1961* (Cth). Furthermore, the court had to ascertain the validity and effect of a divorce obtained by the husband in Egypt on 5 July 2008 for the purposes of Australian law, and whether this Egyptian divorce rendered the husband's subsequent Australian divorce application redundant.

Cronin J declared that the Australian marriage ceremony was invalid by virtue of section 113 of the *Marriage Act 1961* (Cth). The court also declared that the divorce obtained by the husband in Egypt on 5 July 2008 was valid for all purposes of Australian law, pursuant to section 113 of the *Family Law Act 1975* (Cth). Consequently, the husband's application for divorce filed in Australia on 5 January 2009 was dismissed, as were further applications and responses filed in May and June 2009. The court directed the Registrar of Births, Deaths and Marriages (Victoria) to amend records to reflect the declaration regarding the invalidity of the marriage. The file was otherwise returned to the Federal Magistrates Court for the completion of extant proceedings.