Harroun & Galla

[2021] FamCAFC 147

FAMILY COURT OF AUSTRALIA

Harroun & Galla [2021] FamCAFC 147

Appeal from:

Galla & Harroun [2021] FCCA 576

Appeal number(s):

EAA 26 of 2021

File number(s):

PAC 3822 of 2020

Judgment of:

AINSLIE-WALLACE J

Date of judgment:

1 July 2021

Catchwords:

FAMILY LAW – APPEAL – DIVORCE Where the wife appeals a divorce order – Where the wife says the parties were never legally married – Whether there was a valid marriage –Where the respondent conceded that the appeal should be allowed – Where the appeal is allowed – Where costs certificates ordered.  

Legislation:

 Family Law Act 1975 (Cth)

Federal Proceedings (Costs) Act1981 ss 6, 8 and 9

Cases cited:

Cramer v Davies (1997) 72 ALJR 146

Warren v Coombes (1978-1979) 142 CLR 53

Division:

Appeal Division

Number of paragraphs:

16

Date of hearing:

1 July 2021

Place:

Sydney

The Applicant:

In person

ORDERS

EAA 26 of 2021
PAC 3822 of 2020

APPEAL DIVISION OF THE FAMILY COURT OF AUSTRALIA

BETWEEN:

MS HARROUN

Appellant

AND:

MR GALLA

Respondent

ORDER MADE BY:	AINSLIE-WALLACE J
DATE OF ORDER:	1 JULY 2021

THE COURT ORDERS THAT:

1.The appeal be allowed.

2.The orders made on 23 February 2021 be set aside.

3.The proceedings be remitted for rehearing by another judge of the Federal Circuit Court.

4.That the Court grants to the appellant wife a costs certificate pursuant to the provisions s 9 of the Federal Proceedings (Costs) Act1981 (Cth) being a certificate that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise a payment under that Act to the appellant in respect of the costs incurred by her in relation to the appeal.

5.That the Court grants to the respondent husband a costs certificate pursuant to the provisions of s 6 of the Federal Proceedings (Costs) Act1981 (Cth) being a certificate that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise a payment under that Act to the respondent in respect of the costs incurred by him in relation to the appeal.

That the Court grants to each of the parties a costs certificate pursuant to the provisions of s 8 of the Federal Proceedings (Costs) Act1981 (Cth) being a certificate that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise a payment under that Act to each of the parties in respect of the costs incurred by the appellant and respondent in relation to the rehearing of the application.

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

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 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Harroun & Galla has been approved by…