Oltman and Harper (No 2)

Case

[2009] FamCA 1360

3 SEPTEMBER 2009


Details
AGLC Case Decision Date
Oltman and Harper (No 2) [2009] FamCA 1360 [2009] FamCA 1360 3 SEPTEMBER 2009

CaseChat Overview and Summary

In *Oltman and Harper (No 2)*, Young J of the Family Court of Australia considered a dispute concerning the validity of a marriage between Ms Harper and Mr Oltman. The husband had filed an initiating application on 13 March 2009, and the wife had responded on 28 April 2009.

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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Costs

  • Res Judicata

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

2

LIN & NICOLL [2016] FamCA 401
Axon v Axon [1937] HCA 80
Lester & Lester [2007] FamCA 186