KIRVAN & TOMARAS

In this matter before Berman J, the applicant sought a declaration that her marriage to the respondent, solemnised in 2017, was a nullity. The basis for this application was that the wife remained married to another individual at the time of the subject marriage.

The court was required to determine whether the marriage was a nullity on the grounds of bigamy, and consequently, whether the parties should be referred to the Commonwealth Attorney-General following such a declaration.

Berman J found that the wife was indeed still married at the time of the 2017 ceremony, rendering the subsequent marriage void ab initio. Applying the principles of family law concerning bigamy, the court declared the marriage a nullity. The court also considered the provisions relating to referrals to the Commonwealth Attorney-General in such circumstances and determined that a referral was appropriate.

Accordingly, Berman J made a declaration that the marriage between Ms Kirvan and Mr Tomaras was a nullity. The Registrar was directed to forward the relevant documents to the Commonwealth Director of Public Prosecutions.