Pannos and Fotinos

FAMILY COURT OF AUSTRALIA

PANNOS & FOTINOS [2020] FamCA 102

FAMILY LAW – NULLITY – Application for decree of nullity of marriage – section 23(1)(d)(iii) of the Marriage Act 1961 (Cth) – where Applicant mentally incompetent to give informed consent to marriage – decree of nullity granted.

Family Law Act 1975 (Cth) s 51
Family Law Rules 2004 (Cth) r 6.09
Marriage Act 1961 (Cth) s 23B

APPLICANT: Ms Pannos

RESPONDENT: Mr Fotinos

FILE NUMBER: MLC 12044 of 2019

DATE DELIVERED: 26 February 2020

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Hartnett J

HEARING DATE: 12 February 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Roberts

SOLICITOR FOR THE APPLICANT: Go To Court Lawyers

COUNSEL FOR THE RESPONDENT: Ms Gioutlou

SOLICITOR FOR THE RESPONDENT: Sophie Gioutlou & Co

Orders made 12 February 2020

1. Pursuant to r.6.09 of the Family Law Rules 2004 (Cth) Ms Petridis be appointed case guardian for the Applicant, Ms Pannos born … 1979.

DECLARATION

1. The Court is satisfied that the Applicant was present in Australia on the relevant date in satisfaction of ss 39(4)(a) and 39(4A) of the Family Law Act 1975 (Cth).

Orders

1. The marriage solemnised between Ms Pannos and Mr Fotinos, registration number …/2018, is void.

2. A decree of nullity in relation to that marriage is granted.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Pannos & Fotinos has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 12044 of 2019

Ms Pannos

Applicant

And

Mr Fotinos

Respondent

REASONS FOR JUDGMENT

Introduction

1. These proceedings commenced by Initiating Application filed on 24 October 2019.  The Applicant (Ms B as case guardian for Ms Pannos) seeks a declaration that the marriage ceremony entered into between the Applicant and the Respondent, Mr Fotinos (‘the Respondent’) on … October 2018 is void and for a decree of nullity to be granted.

2. The Applicant relies upon an Initiating Application; an Application in a Case filed 12 February 2020; affidavits of Ms B sworn 7 October 2019 and 7 February 2020; and an affidavit sworn 8 October 2019 by Dr C, psychiatrist, who has been the treating psychiatrist of Ms Pannos for over 15 years.  Each of the affidavits relied upon have ‘exhibits’ attached which in their totality were tendered in evidence in the proceedings.  In particular, annexed to the affidavit of Dr C, and marked as exhibit ‘[C]-1’, is a copy of Dr C’s reports dated 17 October 2018 and 13 May 2019.

3. The Application in a Case filed 12…