Schumann v Schumann [1961] HCA 59

Schumann v Schumann [1961] HCA 59

By virtue of s. 115(1)(a) of the Matrimonial Causes Act 1959, where the decree appealed from was made before the Act commenced and the appeal is in respect of that decree, the appeal can be instituted as if the Act had not been passed and is competent as of right under the Judiciary Act.

Jurisdiction
Australia
Procedural Posture
Appeal / Objection to Competency of Appeal
Outcome
Objection to competency of appeal overruled. Costs of the objection reserved.
Legal Topics
['matrimonial Causes' 'appeals as of Right' 'commencement and Operation of New Legislation']
['family Law' 'appellate Procedure'] ['matrimonial Causes' 'appeals as of Right' 'commencement and Operation of New Legislation']

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Procedural Posture

Appeal / Objection to Competency of Appeal

Legal Issues

  1. 1 ['Whether an appeal as of right to the High Court is competent from a judgment of the Supreme Court of South Australia pronounced after, but relating to proceedings heard before, the commencement of the Matrimonial Causes Act 1959 (Cth)']

Ratio Decidendi

By virtue of s. 115(1)(a) of the Matrimonial Causes Act 1959, where the decree appealed from was made before the Act commenced and the appeal is in respect of that decree, the appeal can be instituted as if the Act had not been passed and is competent as of right under the Judiciary Act.

Court Disposition

Objection to competency of appeal overruled. Costs of the objection reserved.

Orders

  • ['Objection to competency of appeal overruled' 'Costs of the objection reserved until hearing of the appeal']