SPENCER & KRONE

[2012] FamCA 277

FAMILY COURT OF AUSTRALIA

SPENCER & KRONE [2012] FamCA 277

FAMILY LAW - ORDERS – Variation – Correct spelling error of applicant’s surname on Decree Nisi of Dissolution of Marriage

Family Law Act 1975 (Cth)

APPLICANT: Ms Spencer

RESPONDENT: Mr Krone

FILE NUMBER: MLF 2235 of 1997

DATE DELIVERED: 26 March 2012

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: MacMillan J

HEARING DATE: 26 March 2012

REPRESENTATION

COUNSEL FOR THE APPLICANT: In person

SOLICITOR FOR THE APPLICANT: N/A

COUNSEL FOR THE RESPONDENT: No appearance

SOLICITOR FOR THE RESPONDENT: N/A

IT IS ORDERED THAT

1. Pursuant to Rule 17.02 of the Family Law Rules the Decree Nisi of Dissolution of Marriage issued on … May 1997 which became absolute on … June 1997 be rectified to correct the spelling of the wife’s surname from SPENER to SPENCER.

2. The Registrar forthwith re-issue the Decree Nisi with the correct spelling and the said decree be forwarded to the applicant as soon as practicable.

3. The Application  in a Case filed 13 March 2012 be otherwise dismissed and removed from the list of cases awaiting hearing.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Spencer & Krone has been approved by the Chief Justice pursuant to s 121(9)(g) of the Act.

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLF 2235 of 1997

Ms Spencer

Applicant

And

Mr Krone

Respondent

REASONS FOR JUDGMENT

1. I have before me today an application in a case filed 13 March 2012 in which the applicant, Ms Spencer, seeks an order that an amended Decree Nisi of Dissolution of the Marriage be issued, showing the surname Spencer - that is spelt S-p-e-n-c-e-r.  An amended application for divorce was filed on 21 February 1997 by the applicant’s then husband, Mr Krone.  The wife was named, in that application, as Ms Krone and in brackets, Spener, spelt S-p-e-n-e-r.  That application was accompanied by a translation of the marriage certificate which was annexed to the affidavit of Mr N, which was sworn 17 January 1997 and filed on 18 February 1997.In that translation, the applicant’s name was spelt S-p-e-n-e-r. 

2. It is clear, from the file, that the application for Dissolution of the Marriage was served upon the wife, however, in her affidavit, sworn 14 February 2012, she deposes that she did not pay attention to the certificate and, clearly, was unaware until recently, when she obtained a copy of the certificate for the purposes of her remarriage, that her name had been spelt incorrectly on that certificate.  I have sighted a copy of the applicant’s passport and her driver’s licence and her surname is clearly spelt S-p-e-n-c-e-r.    

3. I’m satisfied that her surname is incorrectly spelt on the Decree Nisi of Dissolution of the Marriage, which was pronounced by the Court on … May 1997 and I propose to rectify the decree by including the letter “c” before the letter “e” in the applicant’s surname, and it will now be spelt S-p-e-n-c-e-r and I will direct the Registrar to issue a new Decree Nisi of Dissolution of the Marriage, with the name correctly spelled on that document. The application will be otherwise dismissed and the proceedings will be removed from the list of cases awaiting hearing.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice MacMillan delivered on 26 March 2012.

Associate: 

Date:  1 May 2012