Davies v Davies [1919] HCA 17

ist

ermanent Trustee Nominees

(Canberra) id 1989] 1 HIGH COURT

{HIGH COURT OF AUSTRALIA.)

EMMA AMELIA DAVIES AND ANOTHER. Appernants;

AND

DAVID DAVIES . 4 A : 3 5 . RESPONDENT.

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

H.C. or A, Husband and Wife—Parent and child—Maintenance—Agreement by wife renouncing

1919. ww MELEouRNE. March 25; April 8; May 12.

Isaacs, Higgins and Gavan Duffy JJ.

right to maintenance—Public policy—Marriage Act 1915 (Vict.) (No. 2691), secs. 88, 84, 87, 93—Justices Act 1915 (Vict.) (No. 2675), sec. 139.

» Practice—Supreme Court of Victoria—Special case stated by Court of General Sessions

—No decision, on merits—Power to refer case back to be heard—Justices Act 1915 (Vict.) (No. 2675), sec. 147.

Sec. 83 of the Marriage Act 1915 (Vict.) provides (inter alia) that where any husband has left his wife without means of support or where any father has left his children without adequate means of support, any justice may upon complaint thereof on oath being made by such wife or by the mother of such children, issue his summons"to such husband or father to show cause why he should not support such wife or children. Sec. 84 provides that at the hearing of such complaint, whether the defendant is then present or not, any two justices shall inquire into the matter of the complaint; "and if they are satisfied that the wife or the children (as the case may be) are in fact without | means of support and that the husband or the father is able to maintain her or them or to contribute to her or their maintenance, such justices (2) shall make an order in writing directing him to pay either weekly or monthly at their discretion and to such person or in such manner for her or their use as such justices think fit such moderate sum or allowance as they consider proper; &e.

Held, that the provisions of those sections are for the benefit of the public, and that the rights conferred by them cannot be renounced.