Sasani & King (No 2)

In *Sasani & King (No. 2)*, the Family Court of Australia considered an application for a decree of nullity of marriage filed by Ms Sasani against Mr King. The central issue before the court was the respondent's non-service of the application and supporting affidavits, despite previous orders for substituted service.

The court was required to determine whether the applicant had complied with the orders for substituted service made by Cronin J on 5 February 2014, which directed service upon the respondent via his cousin. The court also had to consider the implications of the applicant's failure to effect service and the potential for the matter to be struck out.

Macmillan J agreed with the previous observations of Cronin J that every effort should be made to serve the application and supporting documents on the respondent, particularly as the respondent's cousin appeared to be aware of the respondent's circumstances. However, the court found that the applicant had not complied with the substituted service orders, noting a lack of evidence regarding steps taken to locate the respondent's cousin for the purpose of effecting service. Consequently, the court ordered that the application be struck out, with a right to reinstate once service had been effected in accordance with Cronin J's previous orders.