MALEEKIROA & MALEEKIROA

In the matter of *Maleekiroa & Maleekiroa*, Barry J of the Family Court of Australia was required to determine the validity of a marriage. The dispute concerned a purported marriage between the parties solemnised in Auckland, New Zealand, in February 1989.

The central legal issue before the court was whether the marriage was valid under Australian law, notwithstanding its celebration in a foreign jurisdiction. This required consideration of the principles of private international law concerning the recognition of foreign marriages and the circumstances under which such marriages might be deemed void.

Barry J applied the principle that a marriage valid where celebrated is generally valid everywhere. However, the court also considered whether any grounds existed to render the marriage void ab initio under Australian law. The court ultimately found that the purported marriage was null and void.

Consequently, Barry J ordered that a decree of nullity issue, declaring the purported marriage between the parties null and void.