L & C (No.1)

[2002] FMCAfam 55

FEDERAL MAGISTRATES COURT OF AUSTRALIA

L & C (No.1) [2002] FMCAfam 55

FAMILY LAW – Injunctions – nature of the marriage ceremony – void marriage – jurisdiction – ex parte orders made – undertaking as to damages from an impecunious applicant – ss.71, 114(3) Family Law Act; s23B Marriage Act 1961.

Applicant: S L

Respondent: Y C

File No: ZP542 of 2002

Delivered on: 14 February 2002

Delivered at: Parramatta

Hearing Date: 14 February 2002

Judgment of: Ryan FM

REPRESENTATION

Solicitor Advocate for the Applicant: Ms Munk

Solicitors for the Applicant: Watson Stafford
Solicitors
DX 25085
Fairfield

Respondent Ex parte

ORDERS

IT IS ORDERED PENDING FURTHER:

1. That this application be dealt with on an ex parte basis.

2. That upon the wife’s undertaking as to damages, the husband shall:

   (a)Forthwith deliver to the wife’s solicitors Watson Stafford Solicitors at 41 Spencer Street, Fairfield the Certificates of Title in respect of the properties:

   (i)The property at 5/5-7 K Street, C, being the whole of the land in Lot 5 Strata Plan ……, and

   (ii)The property 45 L F Street, G, being the whole of the land in Folio Identifier 139 in deposited plan …...

   (b)Be restrained from selling, encumbering, transferring or in any other way dealing with the C and G properties;

   (c)Be restrained from spending, giving away, disposing of, or in any other way dealing with:

   (i)The balance of deposit monies received by him in the sum of $42,5000 from the proposed purchase of the H property.

   (ii)The balance of funds standing to the credit of his bank or building society accounts including his Award Saver Account with the Commonwealth Bank being account number …………., save for the sum of $1000.

3. That the matter be listed for further hearing at 10.00am on 20 February 2002.

4. That the parties have liberty to apply for further orders and directions in relation to the matter on 12 hours notice.

5. I DIRECT that a copy of the application, relevant documents and sealed orders made today be served on the respondent by 15 February 2002.

NOTATION

1. The wife has filed her undertaking as to damages and these injunctions operate immediately.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
PARRAMATTA

ZP542 of 2002

S L

Applicant

And

Y C

Respondent

REASONS FOR JUDGMENT

1. By her application filed today, S L (“the applicant”) applied for urgent mandatory and prohibitive injunctions. 

2. In support of her application she relies upon:

   ·Her affidavit sworn 13 February 2002 and filed 14 February 2002;

   ·The affidavit of H L sworn 13 February 2002 and filed 14 February 2002; and

   ·Her financial statement sworn 13 February 2002 and filed
   14 February 2002.

3. Because of the urgency of the situation she has approached the court without prior notice to the respondent. 

4. The applicant was born on 1 February 1972 in C.  She entered Australia in 1995 sponsored by her sister.  She is an Australian citizen.

5. On 18 December 1999 the parties participated in a ceremony that the applicant alleges she believed was a marriage ceremony conducted…