Colvin and Sailor

In the matter of *Colvin and Sailor*, Forrest J of the Federal Circuit and Family Court of Australia considered a dispute concerning the validity of a marriage. The applicant, Mr Colvin, sought a declaration that his marriage to the respondent, Ms Sailor, solemnised in Brisbane in 2012, was void.

The central legal issue before the court was whether the marriage was void *ab initio* on the ground that the respondent was already lawfully married to another person at the time of the ceremony. This question engaged the provisions of the *Family Law Act 1975* (Cth) concerning the grounds for declaring a marriage void.

Forrest J found that the respondent was indeed lawfully married to another person when she purported to marry Mr Colvin. Applying the relevant provisions of the *Family Law Act 1975* (Cth), His Honour concluded that the marriage was therefore void and a nullity from its inception. The court also made an order permitting a copy of the reasons for judgment to be provided to the Office of the Director of Public Prosecutions, Queensland, in support of submissions made on behalf of the respondent.