Document ID: chunk:federal_register_of_legislation:F2024C01004:clause:3_4
Version: federal_register_of_legislation:F2024C01004
Segment Type: clause
Provision Reference: sch 3 cl 4
Character Range: 103237–104135

4  Legal proceedings
 (1) The marriage should be solemnised despite the required notice not having been received in time because a party to the marriage is involved in a legal proceeding.
Example: A party to the marriage is subject to a pending court proceeding, and is at risk of imprisonment.
 (2) In determining whether the circumstance in subclause (1) is met, the prescribed authority may take into account the following:
 (a) a sealed copy of any applicable court order;
 (b) a letter from the party's solicitor stating the dates and nature of a pending court proceeding;
 (c) any explanation provided for not giving the notice sooner;
 (d) any explanation provided for not postponing the proposed wedding;
 (e) whether hardship would be caused to a party to the marriage if the marriage is not solemnised as proposed;
 (f) any other matter that the prescribed authority considers relevant.