Booking Terms and Conditions

Supplier: Allegra Hartford Davis trading as The Courthouse Registry, ABN 84 236 142 143, St James Trust Building, Suite 716, 185 Elizabeth Street, Sydney NSW 2000.

1. About these Terms

1.1 These Terms and Conditions (Terms) apply to every booking made with Allegra Hartford Davis trading as The Courthouse Registry (the Registry, we, us). A booking is confirmed when both parties to the intended marriage (the Clients, you) have accepted these Terms and the Booking Fee has been paid.

1.2 In these Terms:

  • Booking Fee means the full ceremony fee of $1,275 paid to secure the Ceremony Date and Time Slot.

  • Ceremony means the marriage ceremony booked with us.

  • Ceremony Date and Time Slot mean the date and the 20-minute period stated in your booking confirmation.

  • Celebrant means the Commonwealth-Registered Marriage Celebrant engaged by the Registry to solemnise your marriage.

  • Premises means Suite 716, St James Trust Building, 185 Elizabeth Street, Sydney NSW 2000, or any alternative location agreed under clause 8.

  • NOIM means the Notice of Intended Marriage required by section 42 of the Marriage Act 1961 (Cth) (Marriage Act).

  • Business Day means a day other than a Saturday, Sunday or public holiday in Sydney.

1.3 The Registry is a private business. It is not the NSW Registry of Births, Deaths and Marriages, a court, or any government agency, and is not affiliated with any of them beyond the registration of the Authorised Civil Marriage Celebrant. 

1.4 Your rights under the Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the ACL or any other law that cannot lawfully be excluded. Where a clause says a fee is non-refundable or that we are not liable, it is subject to this clause 1.4.

2. Booking and payment

2.1 The Booking Fee is payable at the time of booking.

2.2 All prices are in Australian dollars and include GST.

2.3 Payment may be made by card. We do not charge a surcharge for payment by debit, credit or prepaid card.

2.4 If any amount due is unpaid by its due date, we may, after giving you at least [5] Business Days' written notice, treat the booking as cancelled by you under clause 5.

3. Your marriage and our legal obligations

3.1 Your Ceremony will be solemnised by an Authorised Civil Marriage Celebrant in accordance with the Marriage Act, the Marriage Regulations 2017 (Cth) and the Code of Practice for Marriage Celebrants.

3.2 What we will do. We will, with due care and skill:

  1. explain the legal requirements for a valid marriage and the documents you must provide;

  2. receive and check your NOIM and supporting documents;

  3. give you the information the Marriage Act requires, including information about relationship support services;

  4. conduct the Ceremony using the words the Marriage Act requires; and

  5. lodge the marriage registration documents with the NSW Registry of Births, Deaths and Marriages within the time required by law (currently 14 days after the Ceremony).

3.3 What you must do. Whether your marriage can lawfully proceed on the Ceremony Date also depends on you. You must:

  1. give accurate and complete information in your NOIM and all other documents;

  2. meet every deadline in clause 4;

  3. both be 18 or older and not be in a relationship prohibited by the Marriage Act;

  4. not be married to anyone else, and provide evidence that any earlier marriage has ended;

  5. each freely and genuinely consent to the marriage; and

  6. bring two witnesses who are at least 18 years old, unless you have booked witnesses through us for a fee of $80 per witness.

3.4 Refusal to solemnise. The Celebrant must not solemnise a marriage, and will not proceed, if the Celebrant is not satisfied of any legal requirement — for example, identity, age, the end of a previous marriage, or that each of you is freely consenting and understands what is happening. The Celebrant will also not proceed if either of you or a witness appears to be affected by alcohol or drugs. If the Ceremony does not proceed for a reason in this clause that arises from your circumstances or conduct, clause 5 applies as if you had cancelled on the Ceremony Date.

3.5 Language. If either of you does not speak English well enough to understand the Ceremony, you must tell us at booking. An interpreter will be required at the Ceremony and you are responsible for arranging and paying for them..

3.6 False information. Giving false information in connection with a marriage is an offence under Commonwealth law.

3.7 Marriage certificates. On the day you will receive a ceremonial marriage certificate. It is not the official certificate. Most government agencies, banks and immigration authorities require the official certificate, which we will order and pay for as part of your booking. 

4. Your documents and deadlines

4.1 Notice of Intended Marriage. By law, your NOIM must be received by the Celebrant at least one month, and no more than 18 months, before the Ceremony Date. We will tell you the latest date for your NOIM when you book.

4.2 Shortening of time. If you cannot meet the one-month deadline, a prescribed authority may approve a shorter period in limited circumstances set by law. Approval is not guaranteed and is not within our control. We will assist you with how to apply.

4.3 Original documents. You must provide the original documents we ask for (including certified English translations of any foreign-language document) no later than 2 Business Days before the Ceremony Date.

4.4 If a deadline is missed. If the Ceremony cannot lawfully proceed on the Ceremony Date because you did not lodge your NOIM in time, did not obtain a shortening of time, or did not provide required documents, then:

  1. the Booking Fee is not refunded; and

  2. you may instead move your booking to another available date, on payment of the Rescheduling Fee in clause 6.3, provided the new date is within 12 months of the original Ceremony Date.

4.5 Clause 4.4 does not apply if the deadline was missed because of an error or delay by us, including incorrect advice from us about the deadline. In that case we will reschedule at no charge or, if you prefer, refund the Booking Fee in full.

5. Cancellation by you

5.1 Either of you may cancel the booking by notice in writing to hello@thecourthouseregistry.com. The date we receive the notice is the date of cancellation.

5.2 Change of mind. If you cancel for any reason not covered by clauses 5.4 or 5.5, refunds are as follows:

Notice before the Ceremony Date

Refund

90 days or more

Booking Fee less a cancellation fee of $350

Less than 90 days

No refund


5.3 Instead of cancelling, you may ask to move your booking under clause 6.

5.4 Death of a party. If either party to the intended marriage dies before the Ceremony Date, we will refund all amounts paid, less an administration fee of $350 reflecting work already done on the booking. The refund will be paid to the surviving party or to the deceased party's legal personal representative, as they agree or, failing agreement, in equal shares. We may ask for reasonable evidence of the death, such as a death certificate or funeral notice.

5.5 Serious illness, injury or bereavement. If either of you, or an immediate family member, suffers serious illness or injury, or an immediate family member dies, and you give us reasonable evidence, we will move your booking to another available date within 12 months without charging the Rescheduling Fee]

5.6 Missed legal deadlines. Where the Ceremony cannot proceed because of a missed deadline, clause 4.4 applies.

5.7 Bookings cannot be transferred to another couple.

6. Rescheduling

6.1 Same day, different time. You may ask to move to another available Time Slot on the same Ceremony Date at no charge.

6.2 Different date — more than 14 days' notice. If you ask to move to another available date more than 14 days before the Ceremony Date, there is no charge.

6.3 Different date — 14 days' notice or less. If you ask to move to another available date 14 days or less before the Ceremony Date, a rescheduling fee of $150 (Rescheduling Fee) applies. It covers the time and work involved in amending and re-issuing your paperwork.

6.4 All changes are subject to availability. A new date must be:

  1. at least one month after the date your NOIM was received, unless a shortening of time has been approved; and

  2. no more than 18 months after the date your NOIM was received, otherwise a new NOIM is required. In the event a new NOIM is required, an admin fee of $350 is payable. 

6.5 Amounts already paid are carried over to the new date. You may reschedule no more than once before an additional Booking Fee is payable. 

7. Late arrival

7.1 Each Ceremony is allocated a 20-minute Time Slot. Please arrive, with your witnesses and ALL guests, at least 5 minutes before your Time Slot starts.

7.2 If you arrive late, we will try to hold your Ceremony within your Time Slot or in a later free slot that day. We cannot delay other couples' ceremonies to do so.

7.3 If your Ceremony cannot be held on the day because of your late arrival:

  1. the Booking Fee is not refunded; and

  2. you may move to another available date on payment of the Rescheduling Fee.

7.4 If we start your Ceremony late for reasons within our control, your Ceremony will not be shortened as a result and no fee or penalty will apply to you.

8. Changes and cancellation by us

8.1 Replacement celebrant. If the original Celebrant cannot attend, we may arrange for another Commonwealth-registered marriage celebrant to conduct your Ceremony at the same date and time. We will transfer your NOIM and documents to them as permitted by the Marriage Act. This is not a cancellation and no fee applies.

8.2 When we may cancel or relocate. We may cancel or relocate your Ceremony, including at short notice, only if:

  1. the Premises are unavailable, unsafe or unsuitable — for example, because of building damage, fire or other alarms, evacuation, failure of lifts, power, water or air-conditioning, urgent repairs, or a direction from building management or an authority;

  2. no Celebrant is available because of illness, injury, bereavement or emergency;

  3. an event beyond our reasonable control prevents or materially disrupts the Ceremony, such as severe weather, natural disaster, public health order, government direction or major transport disruption; or

  4. any other reason, provided we give you at least 30 days' written notice.

8.3 We will tell you as soon as reasonably practicable, by phone and in writing, using the contact details you gave us.

8.4 Your choice. If we cancel or relocate under clause 8.2, you may choose one of the following:

  1. an alternative available date and time, at no charge;

  2. your Ceremony on the original date and time at an alternative location we arrange within 10km of the Premises, if you agree to it after we have given you its address and access details; or

  3. a full refund of all amounts you have paid, within 14 days.

We will not choose on your behalf, except that if you cannot be contacted before the Ceremony Date, we will hold your booking under option 1 until you respond.

8.5 Your other costs. Where we cancel or relocate for a reason in clauses 8.2(1)–(3) that was not caused by our failure to take reasonable care, we are not responsible for other costs you have incurred, such as travel, photographers, florists or celebrations. This clause is subject to clause 1.4.

9. Photographers, florists and other suppliers

9.1 We may recommend photographers, florists and other suppliers. They are independent businesses. If you engage them, your contract is with them, not with us.

9.2 We are not responsible for the goods or services they provide, and we do not guarantee their quality, availability or that you will be satisfied with them. Any rights you have in relation to their work are against them.

9.3 We receive a referral fee or commission from some recommended suppliers.

9.4 All suppliers attending the Premises must follow our directions and the building's rules. This includes external suppliers you engage for your ceremony. 

10. Visas and immigration

10.1 We do not guarantee that your marriage, our services or any document we provide will help any visa application or immigration outcome. Those decisions are made by the Department of Home Affairs.

10.2 We are not registered migration agents and cannot give immigration advice or assistance. For advice, consult a registered migration agent or an Australian legal practitioner.

10.3 We will not solemnise a marriage if we have reason to believe that it is not genuine or that either of you is not freely consenting. Clause 3.4 then applies.

11. Guests and the Premises

11.1 A maximum of 22 people, including you and your witnesses, may attend. Children must be supervised at all times. 12 guests are included in the Booking Fee, and up to an additional 8 guests are able to be added for a fee of $25 per person. This does not include vendors (photographers or videographers).

11.2 Confetti, rice, glitter, candles, smoke machines and/or alcohol are not permitted in the Premises or common areas of the building. 

11.3 You and your guests must follow our reasonable directions and the building's rules. We may ask anyone who is disruptive, abusive or affected by alcohol or drugs to leave.

11.4 You are responsible for damage to the Premises or the building caused deliberately or carelessly by you or your guests.

12. Privacy and photographs

12.1 We collect personal information, including identity documents, to meet our obligations under the Marriage Act. We disclose it to the NSW Registry of Births, Deaths and Marriages and to government agencies as required by law. We store it securely, keep it for the period required by law, and return your original documents on the day. Our Privacy Policy is at www.thecourthouseregistry.com/privacypolicy.

12.2 We will only use photographs or video of your Ceremony, or your testimonial, in our marketing if you give consent. You can withdraw consent at any time, and we will stop new use from then.

13. Liability

13.1 Subject to clause 1.4, we are not liable for loss or damage that arises from:

  1. your failure to comply with these Terms or the Marriage Act;

  2. the acts or omissions of third-party suppliers under clause 9; or

  3. events beyond our reasonable control.

13.2 You are responsible for your personal belongings while on the Premises.

14. Complaints

14.1 Please raise any concern with us first at hello@thecourthouseregistry.com so we can try to resolve it.

14.2 Concerns about a Celebrant's conduct may be raised with the Commonwealth Attorney-General's Department (Marriage celebrants – complaints).

14.3 You may also contact NSW Fair Trading about consumer matters.

15. General

15.1 These Terms, with your booking confirmation, are the whole agreement between us about your booking.

15.2 We may update these Terms from time to time. Changes do not apply to an existing booking unless you agree in writing.

15.3 Notices may be given by email to the addresses in your booking.

15.4 If any part of these Terms is invalid or unenforceable, it is severed and the rest continues to apply.

15.5 These Terms are governed by the laws of New South Wales.