and not otherwise".[1]
95 The applicant's counsel indicated that he relied on's 23B(1)(d)(ii) or (iii). He submitted that the evidence demonstrated that the applicant did not provide real consent because she was mistaken as to the nature of the ceremony performed or she did not understand the nature and effect of the marriage ceremony. Of those two subsections, it seemed to me that's 23B(1)(d)(ii) was the more applicable in that the applicant was mistaken as to the nature of the ceremony performed, she believing she was participating in an enactment of a video of a marriage ceremony to be posted for social media purposes, rather than her actually undergoing her own marriage ceremony.
THE CORRECT APPROACH TO STATUTORY CONSTRUCTION
96 Section 23B(1)(d) of the Marriage Act has been the subject of an array of decisions each of which is fact-intensive and each of which has turned on its own facts.[2]
97 No careful examination was given in those authorities to principles of statutory construction, adumbrated by the High Court, which guide single judges in the proper manner with which to construe provisions of statutes. Those authorities include Project Blue Sky Inc v Australian Broadcasting Authority,[3] Taylor v Public Service Board,[4] Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation,[5] K & S Lake Freighters Pty Ltd v Gordon & Gotch Pty Ltd,[6] Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue[7] and Northern Territory v Collins.[8]
- ↑ Marriage Act 1961, s23B(1).
- ↑ Sikander & Vashti [2018] FamCFC111, In the Marriage of Osman & Mourrali (1989) 13 Fam LR 444, In the Marriage of Najjarin & Houlayce (1991) 14 Fam LR 889, In the Marriage of Hosking (1994) 18 Fm LR 581, AK v NC (2003) 32 Fam LR 16, Carroll & Sinclair [2011] FamCA 651, Khwaja v Sinha (2011) 46 Fam LR 309, Oliver & Oliver [2014] FamCA 57, Azmi & Shinde [2014] FamCA 824, Bown & Jalloh [2014] FamCA 785, Sita & Bedi [2015] FamCA 1105, Radtke & Pagano [2016] FamCA 784, Breust & Devine [2016] FamCA 892, Hill & Spiteri [2016] FamCA 1136, Sarvari & Atapati [2017] FamCA 928, Kemal & Kemal [2017] FamCA 915, Chirag & Karelka [2018] FamCA 476, Pannos & Fotinos [2020] FamCA 102, Fatisi & Hasila [2020] FamCA 209, Fern & Fern (No 2) [2021] FamCA 643, Alford & Lyden [2021] FamCA 38, Catesby & Dhillon [2021] FedCFamC1F 124, Pen & Vun [2021] FamCA 294, Gaffney & Sorenson [2023] FedCFamC1F 327, Damus & Anders [2024] FedCFamC1F 419, Kevric & Nilsson [2024] FedCFamC1F 484.
- ↑ (1998) 194 CLR 355.
- ↑ (1976) 137 CLR 208.
- ↑ (1951) 147 CLR 297.
- ↑ (1985) 157 CLR 309
- ↑ (2009) 239 CLR 27.
- ↑ (2008) 235 CLR 619.
