Utick v Utick [1907] HCA 59

Utick v Utick [1907] HCA 59

A respondent in matrimonial proceedings is entitled to be heard on the question of permanent maintenance notwithstanding failure to enter an appearance, absent an express rule to the contrary; an order made without hearing him is invalid.

Parties
Appellant: Utick; Respondent: Untick
Jurisdiction
Australia
Judgment Date
29 November 1907
Procedural Posture
Appeal / Appeal From Order in Divorce/maintenance Proceeding
Outcome
Appeal allowed. Order for permanent maintenance set aside. Case remitted for rehearing.
Legal Topics
Dissolution of Marriage, Permanent Maintenance, Right to Be Heard, Default Procedures
Family Law Dissolution of Marriage Permanent Maintenance Right to Be Heard Default Procedures

Case Brief

Summary, issues, holding and outcome

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Parties

Utick

Appellant

Untick

Respondent

Procedural Posture

Appeal / Appeal From Order in Divorce/maintenance Proceeding

Legal Issues

  1. 1 Whether a respondent who fails to enter an appearance is entitled to be heard on the issue of maintenance in matrimonial proceedings.

Ratio Decidendi

A respondent in matrimonial proceedings is entitled to be heard on the question of permanent maintenance notwithstanding failure to enter an appearance, absent an express rule to the contrary; an order made without hearing him is invalid.

Court Disposition

Appeal allowed. Order for permanent maintenance set aside. Case remitted for rehearing.

Orders

  • Order of Simpson J. directing payment of permanent maintenance discharged.
  • Application for maintenance remitted to the Supreme Court for hearing.