Slater v The Trustees of the Roman Catholic Church for the Archdioceses of Canberra and Goulburn

The case before the court involved a dispute between Slater and The Trustees of the Roman Catholic Church for the Archdioceses of Canberra and Goulburn. Slater sought a declaration that his marriage to his former wife was invalid due to an alleged failure of the celebrant to sign the certificate of marriage. This claim was made despite Slater having participated in other proceedings related to the marriage, including a divorce and property settlement. The church trustees argued that the claim was an abuse of process and that Slater's claim was hopeless and untenable.

The central legal issue was whether the failure to sign the certificate rendered the marriage invalid, despite other proceedings having taken place, and if Slater's claim was an abuse of process. The court also considered whether subsequent events, such as the dissolution of the marriage and property settlement, impacted the validity of Slater's claim. Furthermore, the court had to determine if Slater's claim was remote and hopeless, making it an abuse of process to proceed.

The court found that the common law presumption of the validity of a marriage, coupled with the subsequent events, meant that Slater's claim was remote and speculative. The court held that the failure to sign the certificate did not affect the validity of the marriage, and Slater's claim was an abuse of process. The court emphasised that the claim was hopeless and untenable, given the other proceedings that had already occurred. The court dismissed the claim, finding that Slater's argument was not supported by the evidence or the law.

The court ordered that Slater pay the church trustees' costs of the proceeding. The court made it clear that Slater's claim was an abuse of process and that the claim was hopeless and untenable. The court's decision was based on the common law presumption of the validity of a marriage and the effect of subsequent events on the claim.