Case: G & G (No 2) [2024] FedCFamC2F 1798
Court: Federal Circuit and Family Court of Australia (Division 2)
Date: 5 December 2024
Summary: This was a Family Law property matter involving a jurisdictional challenge. The Respondent wife filed an Application in a Proceeding seeking an order that the Court had no jurisdiction because the parties were allegedly not validly married under the Marriage Act 1961, as she was 16 at the time of marriage (below the marriageable age of 18). The Court found that the jurisdiction conferred by the Family Law Act 1975 is not subject to the Marriage Act, and that the definition of “marriage” in s4(2) includes marriages subject to annulment. The Court also noted that the wife had submitted to the Court’s jurisdiction by filing a response and taking steps in the part-heard proceedings. The Application was dismissed and characterised as vexatious.
Role: Mr A Strik appeared as Counsel for the Respondent (the wife).
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