Donald and Lidcombe

In the matter of *Donald and Lidcombe*, heard by Thornton J, the applicant sought a decree of nullity of marriage. The dispute concerned the validity of a marriage solemnized in 2014, with the applicant asserting that the marriage was void from its inception.

The central legal issue before the court was whether the marriage was void on the ground that the respondent was lawfully married to another person at the time of the ceremony. This required the court to determine if the conditions for a void marriage under the *Family Law Act 1975* (Cth) were met.

Thornton J found that the respondent was indeed lawfully married to another person at the time of the marriage to the applicant. Applying section 51 of the *Family Law Act 1975* (Cth), which addresses void marriages, the court concluded that the marriage was void *ab initio*. Consequently, the court granted the applicant leave to proceed on an undefended basis and pronounced a decree of nullity. All other extant applications were dismissed.