Crown Solicitor (NSW) v Stubbs

The case of *Crown Solicitor (NSW) v Stubbs* involved an appeal to the High Court of Australia concerning the finality of a decree absolute for the dissolution of marriage. The dispute arose after the Crown Solicitor sought to intervene in a divorce proceeding to show cause why a decree nisi should not be made absolute, alleging concealment of material facts. The Supreme Court of New South Wales had previously held that the decree absolute was not final until it was formally drawn up and filed, allowing the Crown Solicitor's intervention.

The central legal issue before the High Court was the precise point in time at which a decree absolute for the dissolution of marriage becomes final and unassailable, thereby terminating the court's jurisdiction to entertain further intervention. Specifically, the court had to determine whether the pronouncement of the decree absolute in open court was sufficient to render it final, or if further administrative steps, such as the drawing up and filing of the decree, were necessary for its completion and finality.

The High Court, in dismissing the appeal, reasoned that under the *Matrimonial Causes Act 1899* (NSW), a decree absolute is made when it is pronounced in open court. The court emphasised that section 28 of the Act, which governs when parties may remarry, and section 82, which outlines the right to appeal, both indicate that the pronouncement of the decree absolute is the critical event. The right of appeal, as established by practice and consistent with the Act's language, commences from the time of pronouncement, not from the subsequent drawing up of the decree. Therefore, once a decree absolute is pronounced and the time for appeal has expired without an appeal being lodged, the matter is closed, and the court loses jurisdiction to entertain further applications to show cause.

The High Court affirmed the decision of the Full Court of the Supreme Court of New South Wales, ordering that the decree absolute pronounced on 9th October 1928 be drawn up and signed by the Registrar and filed as prescribed. The appeal by the Crown Solicitor was dismissed with costs.