NGO & NGO

[2010] FamCA 1053

FAMILY COURT OF AUSTRALIA

NGO & NGO [2010] FamCA 1053

FAMILY LAW – MARRIAGE – Nullity

Family Law Act 1975 (Cth)

APPLICANT: Ms Ngo

RESPONDENT: Mr Ngo

FILE NUMBER: MLC 8079 of 2010

DATE DELIVERED: 12 October 2010

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 12 October 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Ham

SOLICITOR FOR THE APPLICANT: Westminster Lawyers

THE RESPONDENT: No appearance

Orders

1. That the marriage ceremony as between the applicant Ms Ngo and the respondent Mr Ngo that took place on … July 2010 at B Street, Melbourne, Victoria was void. 

2. That the application filed on 30 August 2010 is otherwise dismissed.

3. That the Registry Manager of the Melbourne Registry of the Family Court of Australia refer to the Attorney-General for the Commonwealth of Australia the following:

   (a)      a transcript of the proceedings this day;

   (b)      a copy of the reasons for judgment this day; and

   (c)      a copy of all documents on the court file,

   for consideration of an investigation into the conduct of marriage celebrant Mr DO.

IT IS NOTED that publication of this judgment under the pseudonym Ngo & Ngo is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 8079 of 2010

MS NGO

Applicant

And

MR NGO

Respondent

REASONS FOR JUDGMENT

1. On 30 August 2010, Ms Ngo filed an application in this Court against Mr Ngo seeking that pursuant to section 51 of the Family Law Act 1975 (“the Act”), the marriage solemnised in July 2010 at B Street, Melbourne, be decreed to have been “absolutely null and void” as between she and Mr Ngo.  The application also sought an alternative remedy but that was not pursued. 

2. The fact that both parties bear the same surname is of no significance because it is a common name in the Vietnamese culture. 

3. The application having been filed on 30 August, attempts were made to serve Mr Ngo by a process server, Mr S.  The applicant relied on two affidavits by Mr S.  The first is an attempted service in which he said that on 23 and 27 September he was unsuccessful, and then on 28 September he attended at H Street, W, where he spoke to an adult female who replied, in response to a question that he asked, that Mr Ngo lived there.  Mr S then advised the female that he was placing the documents in the letterbox and the woman assured Mr S that those documents would be brought to the attention of Mr Ngo. 

4. Leave was been granted to file an affidavit by Anna Parker who is the solicitor for the applicant.  She caused a copy of the same documents that Mr S delivered, to be sent to Mr Ngo by registered post and then, as an abundance of caution, they were also sent to an email address.  Ms Parker said that on 8 October 2010, she received a telephone call from Mr…