Wright v Wright [1948] HCA 33

Wright v Wright [1948] HCA 33

The majority affirmed that the trial judge's approach to onus of proof and findings on the evidence must be followed, with s. 10 properly imposing upon the court a duty to be satisfied that no statutory bar (such as condonation) exists, but diverged as to whether this meant the onus rested on the petitioner or respondent. The appeal and cross-appeal were ultimately dismissed as Mayo J.'s findings were not disturbed in the result by the divided high court.

Jurisdiction
Australia
Procedural Posture
Appeal and Cross Appeal / High Court of Australia; Appeals From Supreme Court of South Australia
Outcome
Appeal and cross-appeal dismissed
Legal Topics
['divorce' 'adultery' 'condonation' 'onus of Proof' 'standard of Proof']
['family Law'] ['divorce' 'adultery' 'condonation' 'onus of Proof' 'standard of Proof']

Case Brief

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Procedural Posture

Appeal and Cross Appeal / High Court of Australia; Appeals From Supreme Court of South Australia

Legal Issues

  1. 1 ['Whether the onus (burden) of disproving condonation in divorce proceedings is on the petitioner or the respondent' 'Whether the finding of adultery against the wife was justified on the evidence' 'What is the correct standard of proof required to establish adultery in matrimonial causes']

Ratio Decidendi

The majority affirmed that the trial judge's approach to onus of proof and findings on the evidence must be followed, with s. 10 properly imposing upon the court a duty to be satisfied that no statutory bar (such as condonation) exists, but diverged as to whether this meant the onus rested on the petitioner or respondent. The appeal and cross-appeal were ultimately dismissed as Mayo J.'s findings were not disturbed in the result by the divided high court.

Court Disposition

Appeal and cross-appeal dismissed

Orders

  • ['Appeal dismissed' 'Cross-appeal dismissed' 'No order as to costs']