MOK & SUWAN

[2021] FamCA 10

FAMILY COURT OF AUSTRALIA

MOK & SUWAN [2021] FamCA 10

FAMILY LAW – MARRIAGE – NULLITY – Application for declaration of nullity of marriage – Where it is alleged that at the time of the marriage the husband was lawfully married to another person – Application granted

Family Law Act 1975 (Cth) s 51
Marriage Act 1961 (Cth) ss 23, 23B

FIRST APPLICANT: Mr Mok

SECOND APPLICANT: Ms Suwan

FILE NUMBER: HBC 1019 of 2020

DATE DELIVERED: 11 January 2021

PLACE DELIVERED: Hobart

PLACE HEARD: Hobart

JUDGMENT OF: Benjamin J

HEARING DATE: 11 January 2021

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Kang

SOLICITOR FOR THE APPLICANT: Rivers Lawyers Pty Ltd

COUNSEL FOR THE RESPONDENT: Mr Kang

SOLICITOR FOR THE RESPONDENT: Rivers Lawyers Pty Ltd

Orders and declarations

1. It is declared that the marriage between Mr Mok (‘the husband’) and Ms Suwan (‘the wife’) solemnised in 2018 in Country B (‘the Marriage’) is void.

2. Consequently a decree of nullity in relation to the Marriage is granted.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Mok & Suwan has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth)

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FAMILY COURT OF AUSTRALIA AT HOBART

FILE NUMBER: HBC1019/2020

Mr Mok

First applicant

And

Ms Suwan

Second applicant

EX TEMPORE REASONS FOR JUDGMENT

INTRODUCTION

1. By way of a joint Initiating Application filed 14 October 2020 Mr Mok (‘the husband’) and Ms Suwan (‘the wife’) seek an order declaring that their marriage celebrated in Country B in 2018 is void and that the marriage is a nullity. The husband and wife were jointly represented by Mr Kang of Rivers Lawyers Pty Ltd.

2. The basis of that application is that the husband was, at the time of the parties’ marriage in 2018, lawfully married to another person.

BACKGROUND

1. The husband was born in 1990 in Country C.  At the time of the hearing was aged 30.  He presently lives in Hobart, Tasmania.

2. The wife was born in 1983.  She is aged 37.  She also presently lives in Hobart, Tasmania.

3. The husband and Ms D (‘the husband’s first wife’) met in 2013.  The husband was living in Country C at the time and the husband’s first wife was living in Country F.  Their relationship developed over time and they were subsequently married in Country F in 2014 (‘the husband’s first marriage’).  

4. Conflict arose during the first marriage between the husband and the first wife and their relationship broke down.  They separated on 10 April 2015, signed a deed of separation on 26 June 2015 and commenced…