Hanson v. Hanson

The case of Hanson v. Hanson concerned an appeal to the High Court of Australia from a decision of the Supreme Court of Western Australia. The dispute arose when the husband, the respondent in the divorce proceedings, applied to have a decree nisi for divorce made absolute. The wife, the petitioner, had not applied for the decree absolute, and the husband sought to have it made absolute under section 84(3) of the Supreme Court Act 1935 (W.A.). The Supreme Court had refused this application on the grounds of collusion between the parties.

The legal issues before the High Court were whether the Supreme Court had the jurisdiction to consider the question of collusion at the stage of an application by a respondent to make a decree nisi absolute, and if so, whether the evidence supported a finding of collusion. The Court also considered the effect of section 84(3) of the Supreme Court Act 1935 (W.A.) and the general principles governing collusion in divorce proceedings.

Dixon and McTiernan JJ. (dissenting from Latham C.J.) held that the arrangement between the husband and wife constituted collusion. They reasoned that the husband had actively encouraged his wife to petition for divorce, agreeing to pay significant sums of money and weekly alimony upon the granting of the decree nisi and absolute. While the wife's solicitor took steps to obtain independent evidence of adultery, the underlying agreement for the husband to facilitate the divorce through financial provision was found to be collusive. The majority concluded that section 84(3) did not grant a respondent an unqualified right to a decree absolute, and that the court retained the power to refuse such an application if collusion was established, as per section 75 of the Act.

The appeal was dismissed, with the majority affirming the decision of the Supreme Court of Western Australia. The Court found that the agreement between the parties, whereby the husband would pay substantial sums and alimony in exchange for the wife petitioning for divorce, amounted to collusion, and therefore the husband's application to have the decree nisi made absolute was rightly refused.