Durrant and Durrant

[2012] FamCA 921

FAMILY COURT OF AUSTRALIA

DURRANT & DURRANT [2012] FamCA 921

FAMILY LAW – DIVORCE – Decree nisi pronounced on 28 November 1997 but not to become absolute due to arrangements for a then infant child not satisfied – Court now satisfied all grounds for divorce satisfied – No child of marriage to whom section 55A(3) applies – Order for decree nisi to become absolute forthwith.

Family Law Act 1975 (Cth)

APPLICANT: Mr Durrant

RESPONDENT: Ms Durrant

FILE NUMBER: PAF 1503 of 1989

DATE DELIVERED: 18 September 2012

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Collier J

HEARING DATE: 18 September 2012

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Self-represented Litigant

SOLICITOR FOR THE RESPONDENT: Self-represented Litigant

Orders

1. That the decree nisi pronounced on 28 November 1997 become absolute forthwith.

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

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAF 1503 of 1989

Mr Durrant

Applicant Husband

And

Ms Durrant

Respondent Wife

REASONS FOR JUDGMENT

1. This matter was before the Court, the Court being comprised by a Deputy Registrar, on 28 November 1997 in respect of the husband’s application for dissolution of marriage.  On that occasion, the learned Registrar found service was proved, that the application was soundly based jurisdictionally, that the marriage had been proved and that the relevant ground was established.  The learned Registrar then pronounced a decree nisi. However, he declared that he was not satisfied pursuant to the then section 55A of the Family Law Act in relation to the children of the marriage. The learned Registrar thus found that the decree nisi was not to become absolute.

2. The child in respect of whom that dissatisfaction was expressed was the child B, born in March 1983 and accordingly, at the time the learned Registrar dealt with the matter, he was under the age of 18 years.

3. The impediment is now removed because that child is now clearly over the age of 18 years.  This matter came to light when the husband, Mr Durrant, contacted the Court to make inquiries about the status of his application for dissolution of marriage.

4. The file was then recovered from storage, and I note that letters in identical terms were written to Mr Durrant at 1 C Street, Suburb D, and to Mrs Durrant at 2 C Street, Suburb D, on 28 August 2012.

5. The matter has this day been called outside the Court on a number of occasions since 9.30 am, when it was listed.  I note it is now 10.00 am.  It appears to me obvious that neither the husband, nor the wife, will attend Court this day.

6. In the circumstances of this case, I am satisfied there is no longer any impediment to the decree nisi becoming absolute.  I therefore order that the decree nisi for dissolution of marriage pronounced on 28 November 1997 become absolute forthwith.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Collier J delivered on 18 September 2012.

Legal Associate:      

Date:    7 November 2012