JENKINS & ARCHER

In the matter of *Jenkins & Archer*, Hogan J of the Family Court of Australia was required to determine whether a marriage between Mr Jenkins (the Applicant) and Ms Archer (the Respondent) was null and void. The dispute concerned the validity of the marriage solemnised in Queensland in July 2009.

The central legal issue before the Court was whether the marriage was void *ab initio* due to circumstances that may have constituted a criminal offence. Hogan J was tasked with assessing the evidence presented to determine if the grounds for nullity were established and whether any further action was warranted in light of potential criminal conduct.

Hogan J reasoned that the marriage was null and void. In reaching this conclusion, the Court applied principles relating to the validity of marriages and the circumstances under which a marriage can be declared void. Furthermore, Hogan J considered it necessary to draw the attention of the Attorney-General's Department to comments made in the judgment concerning the possible commission of a crime, indicating a serious concern about the conduct of one or both parties.

Consequently, Hogan J ordered that the marriage be declared null and void. The Court also directed that a copy of the reasons for judgment, affidavit material, and the Applicant's summary of argument be forwarded to the Attorney-General's Department for their attention regarding the potential criminal matter.