Ms. Clare Potter is an Australian National who has been an expert witness on many matters both criminal and civil. She has successfully represented the people of Australia in both the Family Law Courts and the High Court. There is no doubt that her height difference of just under 2 inches is a matter of great concern to the courts. It is understood that her lawyers would be fighting for her right to retain her current position in the Family Court as well as seeking to have the Court refer her case to the Registry of Births and Deaths to establish the birth date of the person whose identity she assumes.
The legal issue revolves around whether Ms. Clare Potter is an Australian citizen by natural born or whether her partner was an Australian citizen by birth. If it was discovered that she was using false details of her own birth in the application for legal protection, then that would be sufficient to terminate her citizenship. Her partner could argue that he had been lawfully obliged to provide evidence of nationality if called as a witness to any proceedings in the High Court. If, however, it was discovered that she had merely been using a false identity for the purpose of gaining a passport, then this would not be a basis for the Court to find her guilty of fraud or misrepresentation of nationality.
As it stands, the issue will be referred back to the District Court. A report will be filed into the court file to determine what national identity is to be considered for the purpose of preserving the marriage. If it was determined that Ms. Potter was indeed an Australian national, then the marriage will be continued and supervised by the Australian High Commission in New South Wales. If however it was determined that her partner was an overseas national, then both will need to demonstrate that they are not in default of their naturalization under the immigration act of Australia.