WANG & JYUTPING

In the Family Court of Australia, Ms Wang applied for a decree of nullity of her marriage to Mr Jyutping. The marriage in question was solemnised in August 2011 in Australia. The applicant appeared in person, while the respondent did not appear.

The primary legal issue before the Court was whether the marriage was void pursuant to section 23B(1)(a) of the *Marriage Act 1961* (Cth). This section provides that a marriage is void if, at the time of the marriage, either party was already lawfully married to some other person. The Court was also required to determine if the grounds for nullity were sufficiently proved.

Justice Aldridge found that the applicant had been previously married to the respondent in China in 1995, and they divorced in 2001. The respondent then married another woman, Ms L, in China in October 2002. The evidence indicated that at the time of the August 2011 marriage to Ms Wang, the respondent was still lawfully married to Ms L. Consequently, the Court was satisfied that the ground for nullity under section 23B(1)(a) of the *Marriage Act 1961* was proved.

The Court decreed that the marriage solemnised on 14 August 2011 between Ms Wang and Mr Jyutping was absolutely null and void. The Registrar was directed to forward copies of the papers to the Australian Federal Police and the Marshal for further investigation. All other applications and cross-applications were dismissed, and the matter was removed from the Active Pending Cases List.