Kernez and Kernez

In *Kernez and Kernez*, heard by Cohen J of the Family Court of Australia, the dispute concerned the validity of a marriage solemnised between Ms Kernez and S Kernez. The court was required to determine whether the marriage, registered in late 2006, was void.

The court's reasoning led to the declaration that the marriage was void pursuant to section 23B of the *Marriage Act 1961* (Cth). The orders made by the court included directions for the parties to inform the Registrar of Births, Deaths & Marriages for New South Wales of the void marriage and for the respondent to deliver any marriage certificates to the Registrar. Furthermore, the Registry Manager was directed to forward a copy of the orders and judgment to the Registrar of Marriage Celebrants.

By consent, and subject to a payment of $50,000 from the respondent to the applicant from the estate of the late S Kernez, there were no orders as to costs, and all previously made costs orders were vacated. Additionally, registrars of the Family Court were appointed pursuant to section 106A of the *Marriage Act 1961* to execute documents and perform necessary actions to give effect to a Deed of Settlement dated 9 July 2009, in the event of a party's refusal to do so.