Date: Thu, 9 Nov 2006 20:14:02 +1100

From: Bill Madden

Subject: Tort of deceit, paternity & marriage

Readers of this list may be interested in the 9 November decision of the Australian High Court, Magill v Magill [2006] HCA 51.

The decision considered whether the tort of deceit can be applied in marital context for false representations of paternity of children born during marriage.

The decision contains some interesting observations on the trial judges astute avoidance of finding a legal or equitable duty of one party to a marriage, to disclose infidelity - described as "deep waters".

Regards
Bill Madden

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