Walker v Walker [1937] HCA 44

Walker v Walker [1937] HCA 44

It was open to the magistrate to find that the husband left his wife without means of support in New South Wales under sec. 4 of the Deserted Wives and Children Act 1901-1931 (NSW), and the contents of the letter regarding the husband's salary, having been called for and admitted in evidence, could be treated as having probative value regarding his means.

Parties
Appellant: Alan Keith Walker; Respondent: Grace Courtenay Walker; Respondents: Walker and Another
Jurisdiction
Australia
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales (full Court) to the High Court of Australia
Outcome
appeal dismissed with costs
Legal Topics
Maintenance, Jurisdiction, Evidence Admissibility
Family Law Maintenance Jurisdiction Evidence Admissibility

Case Brief

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Parties

Alan Keith Walker

Appellant

Grace Courtenay Walker

Respondent

Walker and Another

Respondents

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales (full Court) to the High Court of Australia

Legal Issues

  1. 1 Whether the New South Wales magistrate had jurisdiction to make a maintenance order when the husband resided in New Guinea and wife in New South Wales
  2. 2 Whether the wife was left without means of support within the meaning of the Deserted Wives and Children Act 1901-1931 (NSW)
  3. 3 Admissibility and probative value of a letter regarding the husband's means

Ratio Decidendi

It was open to the magistrate to find that the husband left his wife without means of support in New South Wales under sec. 4 of the Deserted Wives and Children Act 1901-1931 (NSW), and the contents of the letter regarding the husband's salary, having been called for and admitted in evidence, could be treated as having probative value regarding his means.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs