LU & CHANG

In the Family Court of Australia, Johns J considered a dispute concerning the validity of a marriage and parental responsibility for a child. The applicant sought to have the marriage declared null and void, and also sought orders regarding the upbringing of their child.

The court was required to determine whether the marriage was null and void, and if so, on what grounds. Additionally, the court had to consider the best interests of the child in making orders for parental responsibility. The court also had to decide whether to refer the matter to the appropriate authorities for potential prosecution of the respondent.

Johns J declared the marriage solemnised between the applicant and respondent null and void absolutely, finding that the respondent was legally married to another person at the time of the marriage. Applying the principles of family law, the court determined that it was in the best interests of the child for the applicant to have sole parental responsibility. The court also ordered that relevant documents be referred to the Chief Justice of the Family Court for onward referral to the Commonwealth authorities for consideration of prosecution under section 94 of the *Marriage Act 1961* (Cth) due to the respondent's bigamous marriage.

Consequently, the court made orders declaring the marriage null and void, granting the applicant sole parental responsibility for the child, and referring the matter for potential prosecution. All other extant applications were dismissed.