High Court of Australia
HIGH COURT
(1929.
(HIGH COURT OF AUSTRALIA.]
CROWN SOLICITOR FOR THE STATE OF )
NEW SOUTH WALES RESPONDENT,
STUBBS winins eet APPELLANT,
APPELLANT ;
52)
RESPONDENT.
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
H.C. or A, Husband and Wife—Dissolution of marriage—Decree absolute—Pronouncement in Court—Subsequent intervention by Crown Solicitor—Matrimonial Causes Act 1899 (N.S.W.) (No. 14 of 1899), secs. 21-22*, 28*, 30, 82*.
1929. = Sypvey,
Aug. 1, 2.
Knox ©.
Isaacs and Dixon JJ.
A decree nisi for dissolution of marriage is "made absolute" within the meaning of the Matrimonial Causes Act 1899 (N.S.W.) when it is so pronounced in Court ; and, subject only to the right conferred by sec. 82 (1) upon any person aggrieved by the decree of the Court to appeal within fourteen days _ next after such pronouncement, the matter is then closed.
*The Matrimonial Causes Act 1899 (N.S.W.), sec. 21, contains the following provisions :—" (1) Every decree for dis- solution of marriage shall in the first instance be a decree nisi. «(2) A decree nisi shall not be made absolute until after the expiration of six months (or such shorter time as the Court fixes by special order) from the pronouncing thereof. (3) During such period any person may in such manner as the Court by a general or special order directs pie casa rie paler mE not be made absolute." See. 22 pro- vides that "(1) After the expiration of the time limited in that behalf the petitioner may make request in writing that such decree nisi be made absolute. (2) The Court shall upon a certificate from the Registrar that no matter in opposition to the final decree is then
pending make the decree absolute as of course." See. 28 (1) provides that " The respective parties to a suit for dis- solution of marriage may marry again as if the marriage had been dissolved by death where but not before (a) the time limited for appealing against decree absolute has expii and no appeal has been presented or (6) any such appeal is dismissed or (¢) in the result of any appeal the marriage is declared to be dissolved." And by sec. 82 (1) it is provided that "Any person aggrieved by any decree or
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