- Dudded dad loses fight
- By Katie Lapthorne
- Herald Sun
- 18/03/2005 Make a Comment
- Contributed by: admin ( 47 articles in 2005 )
A FATHER has been stripped of a $70,000 compensation payout for supporting two children he wrongly believed were his.
Liam Magill sued his ex-wife for damages and economic loss when DNA tests revealed he was not the biological father of two of their three children.
Mr Magill, 54, was awarded the damages in 2002 after a County Court judge found his wife Meredith had misled him when she nominated him on birth registration notices as the father.
Mr Magill said the birth certificates led him to believe he was the father of the children.
But the Court of Appeal overturned that decision on a legal technicality -- saying the birth certificate proved only that the children had Mr Magill's surname.
Mr Magill and his wife separated in 1992 after a four-year marriage and Mr Magill paid child support for all three children.
The Court of Appeal heard DNA tests in 2000 showed Mr Magill's daughter and one of his sons had been fathered by his wife's lover.
Outside court Vivien Mavropoulos, for Mr Magill, said paternity deceit laws needed to be reformed.
Ms Mavropoulos said the case had been harsh on her client.
"Liam has not coped well over many, many years so this will be a big blow to him," she said.
Mr Magill's partner Cheryl King said they respected the court's decision but would consider their options for the future.
Justices William Ormiston, Frank Callaway and Geoffrey Eames said the case was unusual because it was fought on such narrow lines.
The court found there was no evidence the couple had relied on the birth registration forms for any other reason than the children having the family name.
"It therefore ought not to be seen as a precedent which is likely to control the outcome of any similar proceedings," Justice Ormiston said.
Justice Ormiston said while the decision might seem technical, courts needed to be cautious in making findings of fraud in cases of this nature.
Liam Magill sued his ex-wife for damages and economic loss when DNA tests revealed he was not the biological father of two of their three children.
Mr Magill, 54, was awarded the damages in 2002 after a County Court judge found his wife Meredith had misled him when she nominated him on birth registration notices as the father.
Mr Magill said the birth certificates led him to believe he was the father of the children.
But the Court of Appeal overturned that decision on a legal technicality -- saying the birth certificate proved only that the children had Mr Magill's surname.
Mr Magill and his wife separated in 1992 after a four-year marriage and Mr Magill paid child support for all three children.
The Court of Appeal heard DNA tests in 2000 showed Mr Magill's daughter and one of his sons had been fathered by his wife's lover.
Outside court Vivien Mavropoulos, for Mr Magill, said paternity deceit laws needed to be reformed.
Ms Mavropoulos said the case had been harsh on her client.
"Liam has not coped well over many, many years so this will be a big blow to him," she said.
Mr Magill's partner Cheryl King said they respected the court's decision but would consider their options for the future.
Justices William Ormiston, Frank Callaway and Geoffrey Eames said the case was unusual because it was fought on such narrow lines.
The court found there was no evidence the couple had relied on the birth registration forms for any other reason than the children having the family name.
"It therefore ought not to be seen as a precedent which is likely to control the outcome of any similar proceedings," Justice Ormiston said.
Justice Ormiston said while the decision might seem technical, courts needed to be cautious in making findings of fraud in cases of this nature.
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