Shanks v Shanks [1942] HCA 6

Shanks v Shanks [1942] HCA 6

A decree dismissing a petition for dissolution of marriage is a judgment which affects the status of a person under the laws relating to marriage or divorce: an appeal as of right lies therefrom to the High Court. The primary judge's findings on credibility were reasonable; the appeal should be dismissed.

Parties
Appellant; Petitioner: Hugh Temple Smellie Shanks; Respondent: Kathleen Alexandra Shanks; Co Respondent: Unnamed Co-Respondent
Jurisdiction
Australia
Procedural Posture
Divorce and Judicial Separation / Appeal From the Supreme Court of New South Wales, Preliminary Objection as to Competency of Appeal and Final Disposition
Outcome
Appeal dismissed; preliminary objection overruled.
Legal Topics
Divorce, Judicial Separation, Appeal as of Right, Status Under Marriage and Divorce Laws
Family Law Divorce Judicial Separation Appeal as of Right Status Under Marriage and Divorce Laws

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Hugh Temple Smellie Shanks

Appellant; Petitioner

Kathleen Alexandra Shanks

Respondent

Unnamed Co-Respondent

Co Respondent

Procedural Posture

Divorce and Judicial Separation / Appeal From the Supreme Court of New South Wales, Preliminary Objection as to Competency of Appeal and Final Disposition

Legal Issues

  1. 1 Whether a decree dismissing a petition for dissolution of marriage is a judgment which affects the status of a person under the laws relating to marriage or divorce within s 35(1)(a)(3) of the Judiciary Act 1903-1940
  2. 2 Whether the appellant has an appeal as of right to the High Court

Ratio Decidendi

A decree dismissing a petition for dissolution of marriage is a judgment which affects the status of a person under the laws relating to marriage or divorce: an appeal as of right lies therefrom to the High Court. The primary judge's findings on credibility were reasonable; the appeal should be dismissed.

Court Disposition

Appeal dismissed; preliminary objection overruled.

Orders

  • Appeal dismissed.
  • Preliminary objection as to competency of appeal overruled.