McKinley v Delaney

This case concerned an appeal from a decision of the Supreme Court of Victoria regarding the maintenance of an illegitimate child. The appellant, Harold Delaney, had been ordered by the Court of Petty Sessions to pay maintenance for his child under section 43 of the *Marriage Act 1890* (Vic.). An appeal to the Court of General Sessions was dismissed, and a case was stated for the Supreme Court. The Supreme Court upheld the decision of the General Sessions.

The central legal issue before the High Court was whether a pre-maternity order made against the appellant under section 5 of the *Marriage Act 1900* (Vic.) for confinement expenses, in addition to the mother's sworn statement, constituted sufficient corroboration to satisfy section 48 of the *Marriage Act 1890* (Vic.). Section 48 stipulated that no man could be taken to be the father of an illegitimate child upon the oath of the mother alone.

The court considered that the pre-maternity order, which had not been appealed, provided sufficient corroboration of the mother's evidence. This order was made after proof that the woman was enceinte and upon proof sufficient to satisfy the justices that the defendant was the father of the expected child. The Supreme Court had relied on this pre-maternity order as sufficient corroboration to permit the justices to act on the mother's evidence, thereby upholding the maintenance order.

The High Court refused special leave to appeal.