Court or Tribunal: Family Court of Australia
Catchwords: Annulment, Nullity
Judges:  Lindenmayer J

Background: In this case involving the husband who alleged nullity of marriage, he claimed he was the victim of marriage fraud after marrying a Chinese woman who really only wanted a residency visa. The man claimed that he believed the woman would live with him as his wife, but the marriage was never consummated and she left him soon after getting her visa.  
 
  [Legal Issue]This case seemed to highlight the Court's narrow definition of the term "fraud". The application itself was dismissed, as the judge found that the bride had not committed fraud under the law in this case. The Judge stated that the neither the husband's application nor his affidavit alleged that there was any fraud as to the identity of the other party or of the ceremony itself.    [Court Orders]1. That the husband's application for a Decree of Nullity be dismissed; 2. That the husband serve the wife with a copy of these orders and my reasons for judgment; 3. That there be no order as to costs.