High Court of Australia
High Court of Australia Dixon C.J. McTiernan, Fullagar, Kitto and Taylor JJ. Miller v Teale [1954] HCA 68
ORDER Appeal allowed. Decree of the Supreme Court discharged. In lieu thereof, decree nisi pronouncing that the petitioner has proved—
(1) that both the petitioner and the respondent were at the time of the institution of the suit and at the time of the ceremony of marriage which was performed between them as hereinafter mentioned domiciled in New South Wales
(2) that the respondent was married to one Thomas Frederick Teale prior to 5th September 1931
(3) that on 5th September 1931 but before the ceremony of marriage hereinafter mentioned the marriage of the respondent and the said Thomas Frederick Teale was dissolved by a decree absolute pronounced under and by virtue of the provisions of the Matrimonial Causes Act 1929 of the State of South Australia
(4) that on 5th September 1931 and after the said decree absolute had been pronounced and made a ceremony of marriage was performed between the petitioner and the respondent at Grafton in the State of New South Wales
(5) that at the time of the said ceremony of marriage the said Thomas Frederick Teale was alive.
And ordering and declaring that the said ceremony of marriage performed between the petitioner and the respondent on 5th September 1931 be null and void and of no effect on the ground that at the time of the said ceremony the respondent was incapable according to the law of New South Wales and by reason of the application of s. 17 of the Matrimonial Causes Act 1929 of the State of South Australia of contracting a valid marriage, unless within six months from the date of the service of this decree upon the Crown Solicitor for the State of New South Wales any person shall show cause why this decree should not be made absolute or the said Crown Solicitor shall under the direction of the Attorney-General of the State of New South Wales by leave of the Supreme Court of New South Wales intervene or unless it shall otherwise appear that this decree should not be made absolute.
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