Hyun and Namgung

[2012] FamCA 146

FAMILY COURT OF AUSTRALIA

HYUN & NAMGUNG [2012] FamCA 146

FAMILY LAW - NULLITY – where husband was legally married at the time the husband and wife married

Marriage Act, s 23B(1)

APPLICANT: Ms Hyun

RESPONDENT: Mr Namgung

FILE NUMBER: SYC 3169 of 2011

DATE DELIVERED: 13 February 2012

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Rees J

HEARING DATE: 13 February 2012

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Ms Thomas

SOLICITOR FOR THE RESPONDENT: No Appearance

Orders

IT IS ORDERED

1. That a decree of nullity is pronounced in the marriage between Ms Hyun and Mr Namgung.

2. That on the face of the matters it would appear that a crime has occurred, the respondent has committed bigamy and the papers are to be referred to the Attorney General.

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

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 3169 of 2011

Ms Hyun

Applicant

And

Mr Namgung

Respondent

REASONS FOR JUDGMENT

1. In the matter of Hyun & Namgung I mark as exhibit 1 the acknowledgement of service signed by the respondent on 26 October 2011 and I mark as exhibit 2 the notice of address for service filed on 1 November 2011.  In affidavit material filed in support of her application the applicant says that she and the respondent were married in June 2003.  At the time of the marriage the respondent was legally married to Ms H Namgung, therefore, at the time the applicant and the respondent married the marriage was a bigamous marriage.  The provisions of the Marriage Act, section 23B(1) set out the grounds upon which a marriage is void, the first ground being that either of the parties is, at the time of the marriage, lawfully married to some other person.  I am satisfied that at the time of the marriage between the applicant and the respondent the respondent was lawfully married to another person.  That marriage was dissolved but it was not dissolved until February 2005, some two years after the marriage between the applicant and the respondent.  I, therefore, pronounce a decree of nullity of the marriage between Ms Hyun and Mr Namgung.  On the face of the matters before me, it would appear that a crime has occurred and that the respondent has committed bigamy and I refer the papers to the Attorney-General.

I certify that the preceding one (1) paragraph is a true copy of the reasons for judgment of the Honourable Justice Rees delivered on 13 February 2012.

Associate: 

Date: 1 March 2012