Fern & Fern (No. 2)

In *Fern & Fern (No. 2)*, Howard J of the Family Court of Australia considered an application by Mr Fern (the applicant) seeking a declaration that his marriage to Ms Fern (the respondent) was void. The dispute arose from the circumstances surrounding the solemnisation of the marriage in 2006.

The primary legal issues before the court were whether the marriage was void due to the respondent being lawfully married to another person at the time of the purported marriage, and alternatively, whether there was a lack of real consent to the marriage due to mistake as to the identity of the respondent, induced by her fraudulent actions.

Howard J found that the marriage was void pursuant to sections 23B(1)(a) and 23B(1)(d)(i) and (ii) of the *Marriage Act 1961* (Cth). The reasoning applied was that the respondent was already married at the time of the ceremony, and further, that the applicant did not give real consent to the marriage due to a mistake regarding the respondent's identity, which was a consequence of her fraudulent conduct.

Consequently, the court declared the marriage to be a nullity and ordered that the respondent pay the applicant's costs in the sum of $8,800.