Watts v Watts [1953] HCA 18

Procedural Posture

Appeal in Suit for Dissolution of Marriage on the Ground of Adultery / Appeal From an Order of the Supreme Court of Tasmania Dismissing a Petition and Supplemental Petition

Legal Issues

1. 1 ['Whether the learned trial judge erred by applying proof beyond reasonable doubt as the standard of proof for adultery in divorce proceedings.' "Whether the appellant should be permitted on appeal to revive issues effectively abandoned by counsel's concession at trial." 'Whether the evidence justified a finding that adultery occurred on 4th July 1950 or at other times alleged in the supplemental petition.' "Whether a rehearing or decree in favour of the petitioner should be ordered despite the trial judge's error as to the standard of proof."]

Ratio Decidendi

The trial judge erred in treating proof beyond reasonable doubt as the applicable standard for adultery in the divorce suit, but the appeal was dismissed because his reasons showed he was left in such doubt that he could not have been satisfied on any proper test that adultery occurred on 4th July 1950, and the evidence tended to support an innocent explanation rather than adultery. The abandoned supplemental issues did not require reconsideration because the concession was deliberate and was not shown to have been induced by error.

Court Disposition

Appeal dismissed with costs.

Orders

• ['Appeal dismissed with costs.']