NHUNG & NHUNG

Case

[2018] FamCA 225

12 April 2018


Details
AGLC Case Decision Date
NHUNG & NHUNG [2018] FamCA 225 [2018] FamCA 225 12 April 2018

CaseChat Overview and Summary

In the matter of *NHUNG & NHUNG*, Hannam J of the Family Court of Australia was required to determine whether the marriage of Mr Nhung and Ms Nhung, solemnised in Country B in 2009, should be declared null and void. The dispute concerned the validity of the marriage.

The central legal issue before the Court was whether the marriage was valid under Australian law, specifically in light of potential impediments to its validity. This required the Court to consider the application of relevant Commonwealth legislation, namely sections 51 and 113 of the *Family Law Act 1975* (Cth) and section 23B of the *Marriage Act 1961* (Cth).

Hannam J applied the provisions of the *Family Law Act 1975* and the *Marriage Act 1961* to the facts before the Court. Based on the application of these legislative provisions, the Court concluded that the marriage was null and void.

Consequently, the Court ordered that by virtue of sections 51 and 113 of the *Family Law Act 1975* (Cth) and section 23B of the *Marriage Act 1961* (Cth), the marriage of Mr Nhung and Ms Nhung in Country B on … 2009 be declared null and void. This order was subject to the entry of the order in the Court’s records.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Statutory Construction

  • Remedies

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