Parker v Parker [1908] HCA 92

Parker v Parker [1908] HCA 92

The evidence did not show that the respondent intended to abandon his domicile of origin in Victoria or intended to make New South Wales his permanent home; therefore, he did not acquire a domicile in New South Wales and the Supreme Court had no jurisdiction to entertain the divorce suit.

Parties
Appellant: Parker; Respondent: Parker
Jurisdiction
Australia
Judgment Date
05 May 1908
Procedural Posture
Divorce Petition / Appeal From Supreme Court of New South Wales to High Court of Australia
Outcome
Appeal dismissed
Legal Topics
Divorce, Domicile, Jurisdiction

Case Brief

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Parties

Parker

Appellant

Parker

Respondent

Procedural Posture

Divorce Petition / Appeal From Supreme Court of New South Wales to High Court of Australia

  1. 1 Whether the respondent acquired a domicile in New South Wales sufficient for Supreme Court jurisdiction over the divorce suit

Ratio Decidendi

The evidence did not show that the respondent intended to abandon his domicile of origin in Victoria or intended to make New South Wales his permanent home; therefore, he did not acquire a domicile in New South Wales and the Supreme Court had no jurisdiction to entertain the divorce suit.

Court Disposition

Appeal dismissed