Onyx & Geller

This matter concerned an application by the husband for a decree of nullity of his marriage to the wife, heard by Moore J. The central dispute revolved around the validity of the husband's marriage to the wife, which had occurred in New Zealand in March 2004, in light of a prior marriage to Mr R in the Philippines in February 2001. The husband sought to proceed with the nullity application, and the court was required to make directions regarding service of documents on the wife and the allocation of a hearing date.

The primary legal issue before the court was how to ensure proper service of the husband's application and supporting documents on the wife, who was absent and whose whereabouts were unknown. The court also needed to determine the procedure for allocating a final hearing date and to establish presumptions regarding the validity of the prior marriage if the wife failed to appear.

Moore J directed that the matter be listed for mention before the Registrar to make further directions. These directions included allocating a final hearing date for the February sittings and ordering service of the husband's statutory declaration, supporting documents, the court's reasons, and the court's orders on the wife. Service was to be effected by substitution if necessary, by forwarding documents to places where they might reasonably come to her attention. Crucially, the court ordered that if the wife did not appear at the final hearing, the nullity application would proceed in her absence, and it would be presumed that her marriage to Mr R was valid at the time of her marriage to the husband. The Registrar was also requested to draft a letter to the wife advising her of the hearing date and the consequences of non-appearance.