Breust and Devine

In the matter of *Breust and Devine*, heard by Thornton J, the applicant sought a decree of nullity of marriage. The dispute concerned the validity of a marriage solemnised in Victoria, with the applicant asserting that her consent to the marriage was not real due to a fundamental mistake regarding the nature of the ceremony.

The central legal issue before the court was whether the marriage was void *ab initio* on the ground that the applicant's consent was vitiated by a mistake as to the nature of the ceremony performed. This required the court to consider the requirements for a valid marriage under the *Family Law Act 1975* (Cth), specifically the element of genuine consent.

Thornton J found that the applicant's consent was not a real consent, as she was mistaken as to the nature of the ceremony performed. Applying the principles of void marriages, the court determined that the marriage was void on this ground. Consequently, the applicant was granted leave to proceed on an undefended basis, and a decree of nullity was pronounced. All other extant applications were dismissed.