Watts v Watts [1953] HCA 18

Watts v Watts [1953] HCA 18

The standard of proof in divorce proceedings on the ground of adultery is not proof beyond reasonable doubt (except in exceptional circumstances), but the court must be satisfied on the evidence, having regard to the gravity of the issues. The trial judge erred in adopting the criminal standard, but as he was not satisfied adultery occurred under any standard, the appeal fails.

Parties
Petitioner: Russell Arthur Watts; Respondent: Norma Dorothea Watts; Co Respondent: Kenneth Frewin
Jurisdiction
Australia
Judgment Date
27 April 1953
Procedural Posture
Appeal / Appeal From the Supreme Court of Tasmania
Outcome
Appeal dismissed with costs.
Legal Topics
Dissolution of Marriage, Standard of Proof for Adultery, Adultery, Appeals
Family Law Dissolution of Marriage Standard of Proof for Adultery Adultery Appeals

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Parties

Russell Arthur Watts

Petitioner

Norma Dorothea Watts

Respondent

Kenneth Frewin

Co Respondent

Procedural Posture

Appeal / Appeal From the Supreme Court of Tasmania

Legal Issues

  1. 1 What is the proper standard of proof for adultery in dissolution of marriage proceedings under the Matrimonial Causes Act 1860-1947 (Tas.)?
  2. 2 Did the trial judge misdirect himself by requiring proof of adultery beyond reasonable doubt?
  3. 3 Should the petition for dissolution be granted if the standard is less than beyond reasonable doubt?

Ratio Decidendi

The standard of proof in divorce proceedings on the ground of adultery is not proof beyond reasonable doubt (except in exceptional circumstances), but the court must be satisfied on the evidence, having regard to the gravity of the issues. The trial judge erred in adopting the criminal standard, but as he was not satisfied adultery occurred under any standard, the appeal fails.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.