Miller v Major

In *Miller v Major*, the High Court of Australia considered the validity of a marriage. The dispute concerned whether the marriage was prohibited by law at the time of its solemnisation.

The central legal issue before the Court was the applicability of English legislation, specifically 28 Henry VIII, c. 7, s. 11, to the Colony of New South Wales upon its settlement. This statute dealt with prohibited degrees of marriage and the validity of marriages within those degrees.

The Court reasoned that the English laws in force at the time of settlement, including those concerning marriage validity, were introduced into the Colony. Therefore, the prohibitions contained within 28 Henry VIII, c. 7, s. 11, were applicable to marriages solemnised in New South Wales. The Court found that the marriage in question fell within a prohibited degree as defined by this statute, rendering it void.