Walker v Walker

The case of *Walker v Walker* concerned an appeal from the Supreme Court of New South Wales to the High Court of Australia. The appellant, the husband, sought to set aside an order made by a magistrate under the *Deserted Wives and Children Act 1901-1931* (N.S.W.) for the maintenance of his wife and two children. The wife, who resided in New South Wales, had applied for the order on the grounds that her husband, who resided in the Territory of New Guinea, had left her without sufficient means of support.

The legal issues before the High Court were whether the New South Wales magistrate had jurisdiction to make the maintenance order, given that the husband resided outside of New South Wales, and whether the evidence considered by the magistrate, particularly a letter concerning the husband's income, was admissible and had sufficient probative value to support the order. The husband argued that any alleged desertion or failure to support occurred in New Guinea, outside the jurisdiction of the New South Wales court, and that the letter was inadmissible hearsay.

The High Court, affirming the decision of the Supreme Court of New South Wales, held that it was open to the magistrate to find that the husband had left his wife without means of support in New South Wales, thereby establishing jurisdiction. This was based on the principle that the offence is committed where the wife is left without support, not necessarily where the husband resides, as established in *Renton v. Renton*. Furthermore, the Court determined that once the husband's solicitor called for and produced a letter concerning the husband's income, and it was admitted into evidence, the magistrate was entitled to treat it as having probative value on the question of the husband's means, even if it was hearsay. The Court dismissed the appeal.