Barns v Barns

The High Court of Australia considered an appeal from the Supreme Court of South Australia in *Barns v Barns*. The dispute concerned the interpretation and application of a clause within a deed of settlement, which stipulated that if either party to the deed, Mr. Barns or Mrs. Barns, were to remarry, they would forfeit their entitlement to certain payments under the deed. The primary issue before the Court was whether Mrs. Barns' cohabitation with another man, which she maintained was not a marriage, constituted a breach of this clause.

The central legal question before the High Court was whether Mrs. Barns' cohabitation with another man, without formal marriage, amounted to a "remarriage" within the meaning of the relevant clause in the deed of settlement. This required the Court to consider the ordinary meaning of the word "remarry" and whether it could encompass a de facto relationship or if it strictly referred to a legal marriage ceremony.

The Court analysed the plain meaning of the word "remarry," concluding that it specifically refers to the act of entering into a legal marriage after a previous marriage has ended. It was held that cohabitation, even if long-term and akin to marriage in other respects, does not constitute remarriage in the absence of a formal ceremony and legal recognition. Therefore, Mrs. Barns' conduct did not trigger the forfeiture clause. The appeal was allowed, and the orders of the Supreme Court of South Australia were set aside.