WANG & JYUTPING

[2014] FamCA 121

FAMILY COURT OF AUSTRALIA

WANG & JYUTPING [2014] FamCA 121

FAMILY LAW – NULLITY – Previous marriage

Family Law Act 1975 (Cth)
Marriage Act 1961 (Cth)

APPLICANT: Ms Wang

RESPONDENT: Mr Jyutping

FILE NUMBER: SYC 2751 of 2012

DATE DELIVERED: 3 March 2014

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Aldridge J

HEARING DATE: 3 March 2014

REPRESENTATION

THE APPLICANT IN PERSON: Ms Wang

SOLICITOR FOR THE RESPONDENT: No Appearance

Orders

(1)The application for nullity of marriage pursuant to s 23B(1)(a) of the Marriage Act1961 was heard this day.

(2)The Court was satisfied that the place of marriage was Australia.

(3)The Court was satisfied that the ground was proved.

(4)The Court therefore decreed that the marriage solemnised on … August 2011 between Ms Wang and Mr Jyutping be declared to have been absolutely null and void.

(5)The Registrar of this Court shall forward a copy of the papers to the Australian Federal Police and the Marshal for such further investigation as is deemed necessary.

(6)That all applications and cross applications be and are hereby dismissed and all issues be removed from the Active Pending Cases List.

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

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 2751 of 2012

Ms Wang

Applicant

And

Mr Jyutping

Respondent

REASONS FOR JUDGMENT

Introduction

1. In August 2011 Ms Wang (“the applicant”) married Mr Jyutping (“the respondent”) whilst in Australia visiting her children. 

2. The applicant had been previously married to the respondent in May 1995 in China and divorced in September 2001 in China.

3. At the time of the second marriage the applicant understood that the respondent had married someone else in 2002 but the respondent told her he was now divorced.  Shortly after the marriage and upon her return to China the respondent informed the applicant that he was not in fact divorced but merely separated. 

4. The applicant has provided a copy of the marriage certificate of the respondent to his second wife in October 2002. 

5. The evidence as it presently stands indicates that at the time of the marriage of the applicant and the respondent, the respondent was still married to Ms L. Pursuant to section 23B(1)(a) of the Marriage Act 1961 this is a ground for annulling the marriage.

6. Accordingly, it is appropriate to make an order declaring that the marriage is null and void.

7. Orders are set out at the commencement of my reasons for Judgment.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Aldridge delivered on 3 March 2014.

Associate: 

Date:  3 March 2014