Renton v Renton [1918] HCA 57

RJ OF AUSTRALIA. 291

(HIGH COURT OF AUSTRALIA.}

E RENTON 5 é se ¥ : . APPELLANT ; COMPLAINANT, AND Mi RENTON . . ....... ., Ruespospent. Drrenpant, i

ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.

i Husband and Wife—Maintenance—Husband leaving wife without adequate means

of support—Husband in another State—Jurisdiction of State Court of summary jurisdiction—Issue of summons—Judicial exercise of jurisdiction—Inter-State

Destitute Persons Relief Act 1910 (8.A.) (No. 1008), secs. 5, 7, 12—Judiciary ayo oy a Act 1903-1915 (No. 6 of 1903—No. 4 of 1915), sec. 39—The Constitution (63 & "0, 64 Vict. c. 12), sec. 77. eee

'The Inter-State Destitute Persons Relief Act 1910 (S.A.) provides, by sec. 5, "PEEAIDE, that " (1) When in any State in the Commonwealth an Act is in force con- Sept. 30. taining provisions substantially similar to those contained in, or for carrying garton, feancs, out objects substantially similar to the objects of, sec. 6" (which provides for betes, the service in South Australia of a summons for maintenance issued in another

State when, inter alia, a husband leaves his wife without adequate means

of support), "the Governor may by Proclamation published in the Govern-

'ment Gazette declare that Part II. of this Act shall be in foree as regards such

State, and such State shall thereafter be a State within the meaning

of Part IT." In Part IT. it is provided, by sec. 7, that " Whenever in this

State—(a) 1. Any husband leaves his wife . . . without adequate

means of support . . . and (b) Such husband . . . goes to reside

or resides, either temporarily or permanently, in any State other than

this State, any justice for this State may, upon application made by or on

behalf of thewife, . . . sign and issue a summons directed to the defaulter,

to show cause why he . . . should not support or should not contribute