McConville v Bayley [1914] HCA 14

McConville v Bayley [1914] HCA 14

Evidence of prior adulterous acts was properly admitted; corroboration of the wife's evidence was not required; and an order for costs against a co-respondent does not amount to a judgment affecting status, so no appeal as of right lies.

Parties
Appellant; Co Respondent: James McConville; Respondent; Wife: Christina Jane Bayley; Petitioner; Husband: Henry Bayley; Solicitor for the Crown (first Matter): Gordon H. Castle, Crown Solicitor for the Commonwealth
Jurisdiction
Australia
Judgment Date
23 March 1914
Procedural Posture
Appeal (divorce) / Application for Special Leave to Appeal/refusal of Leave
Outcome
Appeal as of right refused; special leave to appeal refused.
Legal Topics
Divorce, Adultery, Corroboration, Appeal as of Right, Costs Orders
Family Law Evidence Appeals Divorce Adultery Corroboration Appeal as of Right Costs Orders

Case Brief

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Parties

James McConville

Appellant; Co Respondent

Christina Jane Bayley

Respondent; Wife

Henry Bayley

Petitioner; Husband

Gordon H. Castle, Crown Solicitor for the Commonwealth

Solicitor for the Crown (first Matter)

Procedural Posture

Appeal (divorce) / Application for Special Leave to Appeal/refusal of Leave

Legal Issues

  1. 1 Is evidence of prior adultery admissible to prove an alleged act of adultery?
  2. 2 Must a wife's evidence of adultery be corroborated before acting on it?
  3. 3 Does an order for costs against the co-respondent in a divorce constitute a 'judgment affecting status' under s.35 of the Judiciary Act entitling appeal as of right?

Ratio Decidendi

Evidence of prior adulterous acts was properly admitted; corroboration of the wife's evidence was not required; and an order for costs against a co-respondent does not amount to a judgment affecting status, so no appeal as of right lies.

Court Disposition

Appeal as of right refused; special leave to appeal refused.

Orders

  • Special leave to appeal refused.
  • Order for costs against the co-respondent (remains).