Hiu & Ling

In the matter of *Hiu & Ling*, heard before Mushin J, the dispute concerned the validity of a marriage and the potential prosecution of one of the parties. The applicant, Ms. Hui, sought orders relating to the marriage, while the respondent, Mr. Ling, gave evidence in the proceedings.

The court was required to determine whether the marriage solemnised between Ms. Hui and Mr. Ling was valid, and if not, to declare it null and void. Additionally, the court considered whether to grant a certificate under section 128 of the *Evidence Act 1995* (Cth) to Mr. Ling in respect of his evidence, and whether to refer the matter for consideration of a prosecution against Mr. Ling for a breach of section 94 of the *Marriage Act 1961* (Cth).

Mushin J reasoned that the marriage was void. The court granted a certificate under section 128 of the *Evidence Act 1995* (Cth) to Mr. Ling, protecting him from prosecution for giving evidence in the proceedings. The court declared the marriage absolutely null and void. Furthermore, the court ordered that relevant documents be referred to the Chief Justice for referral to the appropriate Commonwealth authority for consideration of prosecuting Mr. Ling for a breach of section 94 of the *Marriage Act 1961* (Cth). The court also certified that the matter reasonably required the attendance of counsel.