KOELL & MADER

The applicants, Koell and Mader, sought a Divorce Order from the Federal Circuit Court of Australia. The nature of the dispute concerned the dissolution of their marriage.

The primary legal issue before the Court was whether it possessed the jurisdiction to grant a Divorce Order. A secondary issue, contingent on the Court's jurisdiction, was whether the application for divorce should proceed to a hearing.

Judge Scarlett found that the Court had jurisdiction to make a Divorce Order. The Court indicated that it would proceed to hear the Application for Divorce unless either party presented sufficient affidavit evidence within seven days demonstrating why such an order should not be made.