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Sex, lies and money: The High Court considers deceit and paternity fraud in Magill v Magill

Young, L. (2007) Sex, lies and money: The High Court considers deceit and paternity fraud in Magill v Magill. Torts Law Journal, 15 (1).

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Abstract

As in other jurisdictions, Australia has recently witnessed a novel action in deceit seeking damages for paternity fraud. Policy issues were not discussed until the matter reached the High Court, where all their Honours held that the plaintiff had not made out his case and a majority held that an action in deceit was not open in these circumstances in any event. Thus, the failure by a wife to disclose to her husband doubts she has as to the paternity of their children cannot now be the subject of an action in deceit. This note explores the varying reasons given by the majority and the limits of the decision. The note argues that, despite widespread criticism of the decision, including by members of the government, the position of the majority is justified and to be preferred to that of those judges who would allow an action on other facts.

Item Type: Journal Article
Murdoch Affiliation: School of Law
Publisher: LexisNexis
Publishers Website: https://www.lexisnexis.com.au/en/products-and-serv...
URI: http://researchrepository.murdoch.edu.au/id/eprint/42140
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