High Court of Australia
a i = Aten)
NO! 'pare SERCH 62 C.L.R.] OF AUSTRALIA. 287 (HIGH COURT OF AUSTRALIA.]
YIRRELL oe HRS F BE 5 - . APPELLANT
APPLICANT,
AND
YIRRELL AND OTHERS . s a 5 . ResponDENTs.
RESPONDENTS,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Maintenance—Husband and Wife— Leave without support"—Husband in New H, ©. or A. South Wales—Wife in Victoria—Order by New-South-Wales court of summary 1939. jurisdiction—Prohibition—Absence of jurisdiction on face of complaint—Whether = 'on face of proceedings—Discretion of court—Deserted Wives and Children Act SYDNEY, 1901-1931 (N.S.W.) (No. 17 of 1901—No. 33 of 1931), sec. 4 Justices Act Aug. 2-43 1902-1931 (V.S.W.) (No. 27 of 1902—No. 17 of 1931), secs. 20, 85. pe
Sec. 4 of the Deserted Wives and Children Act 1901-1913 (N.S.W.) provided Oct. 17.
that "in any case where . . . any husband or father + has left" tatham C.J., his "wife or child without means of support . . . any justice may, upon ected complaint on oath . . . issue his summons requiring such husband, yyq8%4. 55,
father, or mother to appear before two justices to show cause why he should not support such wife or child."
'A complaint purporting to be made under this section alleged that "on and since the fourteenth day of December 1925 in the State of Victoria the said defendant" (the appellant in the present appeal) "has left . . . his wife" (the respondent in the present appeal) "without means of support." Upon this complaint a Children's Court at Sydney, New South Wales, in 1925 ordered the appellant, who resided in Sydney, to pay certain weekly amounts for the maintenance of the respondent and the children of the marriage, all of whom, both prior to the complaint, and thereafter, resided in Victoria. The only record of the order of the Children's Court was a memorandum, apparently made under sec. 85 of the Justices Act 1902 (N.S.W.), which merely set forth that the husband had been ordered to make certain payments and the manner in and the dates upon which such payments were to be made ; that the legal custody of the children had been committed to the wife and that the husband
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