FATISI & HASILA

[2020] FamCA 209

FAMILY COURT OF AUSTRALIA

FATISI & HASILA [2020] FamCA 209

FAMILY LAW – overseas marriage – decree of nullity or invalidity concerning marriage – where one party was underage at the time of the marriage – where marriage was procured by duress – whether terms void and invalid can be used interchangeably in respect of a decree of nullity

Family Law Act 1975 (Cth) ss 43, 51, 113

Marriage Act 1961 (Cth) ss 2A, 22, 23, 23B(1)(d)(i), 23B(1)(d)(iii), 88A, 88D, 88D(2)(b), 88D(2)(d), 88D(3), Part VA

Marriage Amendment Bill 1984 Explanatory Memorandum

Convention on Celebration and Recognition of the Validity of Marriages (Concluded 14 March 1978; signed 25 March 1978) – Article 11

Bitar v Bitar [2018] FamCA 567
In the Marriage of S (1980) FLC 90-820
Ralton & Ralton [2017] FamCAFC 182
Tao v Sterling [2018] FamCA 774
Teves III and Campomayor (1994) 18 Fam LR 844

Pearce and Geddes, Statutory Interpretation in Australia, 8^th Ed, LexisNexis Butterworths, 2014  

APPLICANT: Ms Fatisi

RESPONDENT: Mr Hasila

FILE NUMBER: CAC 1741 of 2018

DATE DELIVERED: 3 April 2020

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra

JUDGMENT OF: Gill J

HEARING DATE: 1 April 2020

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Legal Aid, ACT

SOLICITOR FOR THE RESPONDENT: No attendance

Orders

1. A decree of nullity is granted for the Country T marriage of Ms Fatisi and Mr Hasila of … 2005.

2. The Country T marriage of Ms Fatisi and Mr Hasila of … 2005 is declared invalid.

3. The Husband’s application for divorce is 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 Fatisi & Hasila 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 CANBERRA

FILE NUMBER: CAC 1741 of 2018

Ms Fatisi

Applicant

And

Mr Hasila

Respondent

REASONS FOR JUDGMENT

introduction

1. These proceedings involve an application by the Wife, Ms Fatisi (the Applicant), made in the context of the Husband’s, Mr Hasila – (the Respondent), application for divorce.  She seeks a decree of nullity or, in the alternative, a declaration of invalidity in respect of their marriage.

2. The parties participated in a final hearing in 2019 in relation to parenting matters in which it emerged that, at the time of their marriage in Country T on … 2005, the Applicant was twelve years old.

3. The hearing of the Applicant’s application took place with the assistance of a Farsi interpreter, but without the involvement of The Respondent, who did not attend the hearing despite his presence in Court when the matter was set down.  A Z language…