Ford v Ford [1947] HCA 7
A decree dismissing a petition for judicial separation does not affect the status of a person under the laws relating to marriage or divorce; thus, an appeal as of right does not lie to the High Court under s. 35(1)(a)(3) of the Judiciary Act 1903-1946.
- Parties
- Appellant/petitioner: Agnes Irvine Ford; Respondent: Morgan Ford
- Jurisdiction
- Australia
- Procedural Posture
- Appeal / High Court of Australia – Appeal From the Supreme Court of New South Wales (full Court)
- Outcome
- Appeal dismissed for want of jurisdiction.
- Legal Topics
- Judicial Separation, Status Under Matrimonial Law, Appeal as of Right, Jurisdiction of High Court
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Agnes Irvine Ford
Appellant/petitioner
Morgan Ford
Respondent
Procedural Posture
Appeal / High Court of Australia – Appeal From the Supreme Court of New South Wales (full Court)
Legal Issues
- 1 Whether a decree dismissing a petition for judicial separation is a judgment which 'affects the status' of a person under the laws relating to marriage or divorce within the meaning of s. 35(1)(a)(3) of the Judiciary Act 1903-1946; whether an appeal as of right lies to the High Court from such a decree.
Ratio Decidendi
A decree dismissing a petition for judicial separation does not affect the status of a person under the laws relating to marriage or divorce; thus, an appeal as of right does not lie to the High Court under s. 35(1)(a)(3) of the Judiciary Act 1903-1946.
Court Disposition
Appeal dismissed for want of jurisdiction.
Orders
- Appeal dismissed for want of jurisdiction.
- Application for special leave to appeal refused.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment