FAMILY COURT OF AUSTRALIA
| OLTMAN & HARPER (NO. 2) | [2009] FamCA 1360 |
| FAMILY LAW – MARRIAGE – Declaration of validity of marriage – Religious ceremony performed by Sheikh (Celebrant) not authorised under Australian law – Islamic ceremony of marriage – Husband arranged ceremony with no involvement of wife – Sheikh’s first Australian marriage – No compliance with forms and requirements of the wedding ceremony – Intent of the parties – Children and cohabitation born during relationship – Reputation and community acceptance as a family – Presumption of marriage |
| Family Law Act 1975 (Cth) ss 4, 79, 113 Marriage Act 1961 (Cth) ss 41, 42, 44, 45, 46, 48, 50 |
| Jacombe and Jacombe (1961) 105 CLR 355 Kousal and Tack [2002] FamCA 1152 Lengyel and Rasad (1990) FLC 92-154 Lester and Lester [2007] FamCA 186 Re Taylor (deceased); Taylor v Taylor and Another [1961] 1 All ER 55 Sheludko v Sheludko [1972] VR 82 W and T [1998] FamCA 49 Wold and Kleppir [2009] FamCA 178 |
| APPLICANT: | MR OLTMAN |
| RESPONDENT: | MS HARPER |
| FILE NUMBER: | MLC | 9619 | of | 2008 |
| DATE DELIVERED: | 3 SEPTEMBER 2009 |
| PLACE DELIVERED: | MELBOURNE |
| PLACE HEARD: | MELBOURNE |
| JUDGMENT OF: | YOUNG J |
| HEARING DATE: | 24 JULY 2009 |
REPRESENTATION
| SOLICITOR FOR THE APPLICANT: | MR KHAN |
| SOLICITOR FOR THE APPLICANT: | STARNET LEGAL PTY LTD |
| COUNSEL FOR THE RESPONDENT: | MR LETHLEAN |
| SOLICITOR FOR THE RESPONDENT: | WOMEN'S LEGAL SERVICE VICTORIA |
Orders
Pursuant to s. 113 of the Family Law Act 1975 (Cth) IT IS DECLARED that the marriage entered into between Ms Harper and Mr Oltman in March 2000 is legally valid.
THAT the initiating application of the husband filed 13 March 2009 and paragraph 1 of the wife’s response filed 28 April 2009 be dismissed.
THAT the issue of the payment and quantum of any costs be reserved for argument before the Trial Judge.
IT IS NOTED that publication of this judgment under the pseudonym Oltman & Harper is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)
| FAMILY COURT OF AUSTRALIA AT MELBOURNE |
FILE NUMBER: MLC 9619 of 2008
| MR OLTMAN |
Applicant
And
| MS HARPER |
Respondent
REASONS FOR JUDGMENT
I am asked by the applicant husband pursuant to s. 113 of the Family Law Act 1975 (Cth) (“the Act”) to declare that no valid marriage exists between he and his wife. I have identified the parties, for the purposes of this Judgment, as husband and wife because the husband’s position is that they were married religiously under Islamic law whereas the wife’s position is that they were married under Islamic religious law which was also a civil ceremony within the requirements of the Marriage Act 1961 (Cth) (“Marriage Act”).
The husband’s initiating application in this Court was filed 13 March 2009. At the time that application was issued the husband was respondent to a property application pursuant to s. 79 of the Act which was then before the Federal Magistrates Court. That matter had been adjourned during a Financial Conciliation Conference before a Registrar, and effectively stayed,…
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- AGLC
- Oltman and Harper (No 2) [2009] FamCA 1360
- Case
- [2009] FamCA 1360
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the marriage entered into by the parties in March 2000 was legally valid. This question arose in the context of proceedings initiated by the husband.
Young J declared that the marriage between Ms Harper and Mr Oltman was legally valid, pursuant to section 113 of the *Family Law Act 1975* (Cth). Consequently, the court dismissed both the husband's initiating application and the wife's response. The court also reserved the issue of costs for argument before the Trial Judge.
Orders
Orders of the court
1.
Pursuant to s. 113 of the Family Law Act 1975 (Cth) IT IS DECLARED that the marriage entered into between Ms Harper and Mr Oltman in March 2000 is legally valid.
2.
THAT the initiating application of the husband filed 13 March 2009 and paragraph 1 of the wife’s response filed 28 April 2009 be dismissed.
3.
THAT the issue of the payment and quantum of any costs be reserved for argument before the Trial Judge.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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