McKinley v Delaney [1915] HCA 19

19 C.L.R.] OF AUSTRALIA. 525

Appeal allowed. Order appealed from H.C. or A.

discharged. Appellants to pay costs 1915. Oi Ca LICENSING Courr

Solicitors, for the appellants, Lawson & Jardine, for F. L. ew Stow, Crown Solicitor for Western Australia. Nortuam Solicitors, for the respondent, Darvall & Horsfall, for Downing wonwur.

& Downing, Perth.

Bala. [HIGH COURT OF AUSTRALIA.} McKINLEY . E i 9 + : f APPELLANT ; DEFENDANT, AND DELANEY é a - ' : : . RESPONDENT. CoMPLAINANT,

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

Maintenance of Children—Evidence of paternity—Corroboration of evidence of H.C. or A. mother—Pre-maternity order—Marriage Act 1890 (Vict.) (No. 1166), secs. 42, 1915.

43, 48—Marriage Act 1900 (Vict.) (No. 1684), secs. 4, 5, 8. ~

Metpourne, See, 42 of the Marriage Act 1890 (Viet.) provides (inter alia) that when yyargp 95,

any father deserts his children whether illegitimate or born in wedlock, or leaves them without adequate means of support, if complaint thereof CEE N Gly be made on oath to any justice by the mother of the children, such justice Gavan Dufty, may issue his summons calling upon such father to show cause why he 'Rich JJ. should not support his children, Sec. 43 provides that'on the hearing the justices may make an order for maintenance against the father. Sec. 48 provides that in any proceedings under Part IV. of the Act, which includes secs, 42 and 43, 'no man shall be taken to be the father of an illegitimate

child upon the oath of the mother only."

Sec. 4 of the Marriage Act 1900 (Vict.) provides that 'if any woman, being enceinte, complains on oath to any justice that any person is the father of a child which she believes she will bear, and upon proof that such woman is

McKisiey

v. Dewaney.

. HIGH COURT (1915. 1

enceinte such justice may issue his summons to such father to show cause why he should not pay confinement expenses to such woman." Sec. 5 provides that at the hearing of the complaint any two justices, upon proof that the woman is enceinte and upon proof sufficient to satisfy them that the defen- dant is the father of the expected child, may order him to pay a sum for confinement expenses. See. 8 provides that in any proceedings under the Act "no man shall be taken to be the father of a child the subsequent birth of which is probable upon the oath of the woman who is enceinte only."