Parker v Parker

This case concerned an appeal to the High Court of Australia from a decision of the Supreme Court of New South Wales, which had affirmed a judgment dismissing a wife's petition for dissolution of marriage. The wife, the appellant, sought a divorce from her husband, the respondent, on the grounds of desertion. The central dispute revolved around whether the Supreme Court of New South Wales had jurisdiction to hear the matter, which in turn depended on the domicile of the respondent.

The legal issues before the court were whether the respondent had acquired a domicile in New South Wales, thereby conferring jurisdiction on the Supreme Court of New South Wales to entertain the divorce suit, and consequently, whether the wife, by virtue of her marriage to the respondent, had acquired a domicile in that State. The court was required to determine if the evidence established that the respondent had abandoned his domicile of origin in Victoria and acquired a domicile of choice in New South Wales.

The court reasoned that to establish a change of domicile, there must be clear evidence of an intention by the husband to abandon his domicile of origin and to make a new permanent home in the State to which he had removed. The evidence indicated that while the respondent had brought his wife and child to Sydney and established a home for them, he had not intended to make that home his own permanent residence. His subsequent movements and business activities, which involved frequent travel and no fixed residence in New South Wales, supported the conclusion that he had not acquired a domicile there. The court applied the principle that a domicile of origin is not lost unless a domicile of choice is clearly established by evidence of an intention to reside permanently or indefinitely in a new location.

The appeal was dismissed. The High Court affirmed the decision of the Supreme Court of New South Wales, holding that the respondent had not acquired a domicile in New South Wales and therefore the Supreme Court lacked jurisdiction to entertain the suit for dissolution of marriage.