Status of a potentially polygamous marriage
Section 5(1) of the Marriage Act defines marriage as the union of a man and a woman to the exclusion of all others voluntary entered into for life.
In Ghazel & Ghazel  FamCAFC 31 the court dealt with this question. The issue related to whether a potentially polygamous foreign marriage will be recognised as a valid marriage in Australia under Part VA of the Marriage Act. The Full Court of Appeal accepted that a potentially polygamous marriage will be recognised in Australia unless it is to be determined as not valid under Australian law.
Therefore if a marriage has the potential to be polygamous but as a first marriage is not yet polygamous it will considered valid under Australian law.