JSING & KONG

In the matter of JSING & KONG, Foster J of the Family Court of Australia was required to determine an application for a declaration of nullity of marriage. The applicant sought this declaration on the grounds that the respondent was already married at the time of the subject marriage.

The primary legal issue before the court was whether the marriage between the applicant and the respondent, solemnised in 2014, was a nullity due to the respondent's subsisting prior marriage. A secondary issue arose concerning whether the respondent should be referred to the Commonwealth Attorney-General following a declaration of nullity on the grounds of bigamy.

Foster J reasoned that the respondent's prior subsisting marriage rendered the subsequent marriage void ab initio. The court applied the principle that a marriage entered into by a party who is already lawfully married is a nullity. Furthermore, the court determined that a referral to the Commonwealth Director of Public Prosecutions was appropriate in circumstances of bigamy, as it constitutes a criminal offence.

Consequently, Foster J made a declaration that the marriage between the applicant and the respondent was a nullity. The court also ordered that the Registrar forward the relevant documents to the Commonwealth Director of Public Prosecutions.