Hooper v Hooper [1955] HCA 15

High Court of Australia Dixon C.J. McTiernan, Williams, Webb, Fullagar, Kitto and Taylor JJ. Hooper v Hooper [1955] HCA 15

ORDER The petition of the above-named Lilian Mavis Hooper dated 11th February 1954 having been filed in the Supreme Court of New South Wales in pursuance of the Matrimonial Causes Act 1945 of the Commonwealth claiming relief by way of dissolution of marriage under s. 9 (1) (i) of the Matrimonial Causes Act 1860, as amended, of Tasmania and such petition having come on to be heard on 18th November 1954 before the Supreme Court of New South Wales and a question having thereupon arisen as to the validity of provisions of the said Matrimonial Causes Act 1945 of the Commonwealth amounting to a question as to the limits inter se of the constitutional powers of the Commonwealth and of a State and the cause standing removed accordingly into this Court pursuant to s. 40A of the Judiciary Act 1903-1950 and such cause coming on to be heard before Fullagar J. on 10th December 1954 and the order of that date having then been made by his Honour containing the findings therein set out and directing that pursuant to s. 18 of the Judiciary Act 1903-1950 the case be argued before the Full Court, now order that the marriage celebrated on 25th August 1947 between the petitioner and the respondent be dissolved by reason that the respondent has without just cause or excuse deserted the petitioner and has without any such cause or excuse left her continuously so deserted during two years and upwards unless sufficient cause to the contrary be shown in the Supreme Court of New South Wales within six months from the service of this order on the Crown Solicitor for the said State and order that the costs of the petitioner including the costs of the proceedings in this Court be taxed by the proper officer of the Supreme Court of New South Wales and that the respondent pay into the Supreme Court of New South Wales within fourteen days after service on him of a copy of the certificate of taxation the said costs as so taxed and that such costs unless otherwise ordered by the Supreme Court of New South Wales be paid out to the petitioner or her solicitor after decree absolute and further order that the cause be remitted to the Supreme Court of New South Wales and further order that an office copy of this order and of the order of Fullagar J. be filed in the Supreme Court of New South Wales.