Orson and Hemmingway

In *Orson and Hemmingway*, heard before Johns J, the applicant sought a decree of nullity concerning a marriage solemnised in Victoria. The dispute centred on the validity of this marriage, with the applicant asserting it was void from its inception.

The primary legal issue before the court was whether the marriage was void pursuant to section 51 of the *Family Law Act 1975* (Cth). This required the court to determine if, at the time of the solemnisation, the respondent was already lawfully married to another person, thereby rendering the subsequent marriage invalid.

Johns J found that the respondent was indeed lawfully married to another person at the time of the marriage to the applicant. Applying section 51 of the *Family Law Act 1975* (Cth), the court concluded that the marriage was void ab initio. Consequently, the court granted the applicant leave to proceed on an undefended basis and pronounced a decree of nullity. All other extant applications were dismissed.