MONAHAN V. MONAHAN

6.19280/45

HH Daw, Gor. Pris, Med.

UW

.

IN THE HIGH COURT OF AUSTRALIA

MONAHAN

REASONS FOR JUDGMENT

JUDGMENT

MON:

WILLIAMS J.

MONAHAN, Ve MONAHAN

JUDGMENT Ww AMS J.

This is a summons for directions by the wife in an appeal by her from a judgment of the Supreme Court of the Australian Capital Territory dismissing her suit for dissolution of marriage. Under sec. 51(1)(a) of the Seat of Government Supreme Court Act 1933-1945 the appellant has an appeal of right from this judgment to the High Court. —~ Sec. 51 provides that the provisions of the Rules, from time to time in force, made under the High Court Procedure Act 1903 and the Judiciary Act 1903 or under those Acts as subsequently amended shall apply to appeals to the High Court from judgments of the Supreme Court as if those appeals were appeals from judgments of the Supreme Court of a State. The Rules which apply to appeals from judgments of the Supreme Court of a State are contained in section III of the Rules of this Court. Rule 12 relates to the giving of security for the costs of an appeal. It provides so far as material that within one month after the service of the notice of appeal or within such further time as the Court or a Justice allows ........ the appellant shall give the prescribed security for the costs of the appeal.......... a8 soon as the prescribed security is given the appeal shall be deemed to be duly instituted. This Rule does not prescribe any amount to be given as the security for the costs of an appeal from the Supreme Court of a State. 'The smount of the security to be given in appeals from the Supreme Courts of the States is prescribed by section 35 of the High Court Procedure Act 1905-1983. Sub-section (1) of this section provides that in any appeal to the High Court, security shall not except under an order of the Court be required to be given by a party appellant, except in the case of appeals from a judgment of the Supreme Court of a State or some other Court of a State from which at the establishment of the Commonwealth an appeal lay to the Queen. in Council. Sub-section (3) provides that the amount of the