Watts v Watts [1953] HCA 18

HIGH COURT (1953.

[HIGH COURT OF AUSTRALIA.)

BLEU, GHICARE ATT Cites i caieghen' aga semana APPELLANT ;

434.

Tal, CL @w AX,

1953. Se

Hopart, March 19, 20.

SypNey, April 27.

Fullagar, Kitto and Taylor JJ.

PETITIONER,

AND

WATTS AND ANOTHER i i . RespoNDENTS

RESPONDENT AND Co-RESPONDENT,

ON APPEAL FROM THE SUPREME COURT OF TASMANIA.

Matrimonial Causes (Tas.)—Dissolution of marriage—Adultery—Standard of

proof—Matrimonial Causes Act 1860-1947 (T'as.) (24 Vict., No. 1—11 Geo. VI., No. 67), s. 20.

On a petition for divorce on the ground of adultery the court must be satisfied having regard to the gravity of the issues involved that adultery has taken place. Except in a special case, such as Preston-Jones v. Preston- Jones (1951) A.C. 391 (where a finding of adultery inevitably operated to bastardize the respondent's child), the standard of proof is not that of proof beyond reasonable doubt which obtains in respect of issues to be proved by

the prosecution in criminal proceedings.

Briginshaw v. Briginshaw (1938) 60 C.L.R. 336, followed.

Stone v. Stone (1952) 69 W.N. (N.S.W.) 275, and Mackie v. Mackie (1952) Q.S.R. 25, overruled.

Decision of the Supreme Court of Tasmania (Clark J.) reversed on this

point.

AppraL from the Supreme Court of Tasmania.

Russell Arthur Watts sought a dissolution of his marriage with Norma Dorothea Watts on the ground of her adultery with Kenneth Frewin. The original petition alleged adultery between the respondent and co-respondent at Hadley's Hotel, Hobart, on 4th July 1950. Before the hearing of the cause the petition was amended by the addition of allegations of adultery between the respondent and co-respondent at the former matrimonial home of the petitioner and the respondent on 2nd July 1950 and at Hadley's Hotel, Hobart, on 28th or 29th June 1950. A supplemental petition