HWANG & TSENG

In the Family Court of Australia, Mr Hwang applied for a declaration that his marriage to Ms Tseng be declared null and void. The respondent wife did not appear at the hearing, despite personal service of the application and supporting documents.

The primary legal issue before the court was whether the evidence presented by the applicant husband was sufficient to satisfy the requirements of section 23B of the *Marriage Act 1961* (Cth), particularly in relation to the ground of bigamy.

Justice Murphy found that the evidence before the court was insufficient to discharge the husband's onus of proof under section 23B of the *Marriage Act*. The court emphasised the importance of robust evidence when seeking a declaration that has the effect of a judgment *in rem*, especially when the ground relied upon is bigamy. In light of this preliminary view, counsel for the husband sought an adjournment to allow the husband to produce further evidence to satisfy the statutory requirements.

The court ordered that the matter be adjourned to 31 October 2011, with directions for personal service of further material and notification of the adjourned date on the respondent wife. The husband was excused from attending the adjourned hearing.