Slater v The Trustees of the Roman Catholic Church for the Archdioceses of Canberra and Goulburn [2002] NSWSC 755

New South Wales Supreme Court

CITATION : Slater v The Trustees of the Roman Catholic Church for the Archdioceses of Canberra and Goulburn [2002] NSWSC 755 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 20010 of 2002 HEARING DATE(S) : 20 August 2002 JUDGMENT DATE : 28 August 2002

Merrilee Margaret Slater PARTIES : v The Trustees of The Roman Catholic Church for the Archdioceses of Canberra and Goulburn JUDGMENT OF : Master Malpass

COUNSEL : N/A (Plaintiff) Mr D R Stack (Defendant) SOLICITORS : In Person (Plaintiff) Deacons (Defendant) CATCHWORDS : Declaration endorsed upon Certificate of Marriage and certificate itself allegedly not signed by the minister - statutory construction of celebration of marriage requirements - common law presumption - effect of subsequent events (including dissolution of marriage and other proceedings) - abuse of process - validity of marriage - remoteness of damage - hopeless and untenable claim. Births, Deaths and Marriages Registration Act 1995, s 49, s 49 (2). LEGISLATION CITED : Marriage Act 1899-1956, Parts 11 and 111, s 28. Marriage Act 1961. Haines v ABC [1995] 43 NSWLR 404. Re Peatling (deceased) (1969) VR 214. CASES CITED : Rippon v Chilcotin Pty Ltd [2001] 53 NSWLR 198. Sea Culture International Pty Ltd v Scoles (1991) 32 FCR 275. Slater v Honourable Justice Higgins [2001] FCA 549. DECISION : See paragraph 38.

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION