Sambucco v Sambucco

(2023) 72 VR 121; [2023] VSCA 199

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Statutory Interpretation
2. › Marriage Act 1961 (Cth)
3. › Void marriages
4. › Consent not 'real consent'
5. › Party did not understand nature and effect of marriage ceremony
6. › Whether lack of understanding suffices to void marriage without reference to effect on consent
7. › Marriage Act 1961 (Cth), s 23B(1)(d)(iii)
1. Family Law
2. › Marriage
3. › Validity of marriage
4. › Religious ceremony performed by authorised celebrant
5. › Non-compliance with notice requirements
6. › Whether ceremony constituted valid marriage
7. › Marriage Act 1961 (Cth), ss 41, 42(1), 45, 48(2)(a)
1. Practice and Procedure
2. › Appeal
3. › Application for leave to raise new ground not raised at trial
4. › Whether expedient in interests of justice
5. › Exceptional circumstances
6. › No prejudice to respondent except as to costs
7. › Indemnity costs

Quick Take

A lack of understanding as to the nature and effect of a marriage ceremony under s 23B(1)(d)(iii) of the Marriage Act 1961 (Cth) will only void a marriage if the lack of understanding means the party did not really consent to the marriage. The provision does not operate as a freestanding ground of invalidity divorced from the question of consent. A party who understood they were voluntarily committing to a lifelong union but was mistaken about the legal effectiveness of the ceremony has given 'real consent' and the marriage is not void.