2. Cruelty.
3. Desertion without legal cause for two years.
Legitimacy.—Illegitimate children are legitimatized by the subsequent marriage of their parents.
West Australia.—The Marriage Act of 1894 is virtually an acceptance by this State, so far as practicable, of the English Divorce Act of 1857.
The causes for absolute divorce or for a judicial separation are the same as those given above for the State of Queensland.
South Australia and Tasmania.—In these two States, by legislative enactments, the causes for absolute divorce and judicial separation are the same as those given on opposite page for Queensland, West Australia and South Australia.
The exercise of appellate jurisdiction by the High Court of Justice of the Commonwealth in matrimonial causes has the beneficial effect of making the several States more and more uniform in their local legislation and judicial interpretation.
The federal Parliament has express authority under the constitution to enact a federal code of marriage and divorce which will operate throughout the entire Commonwealth, and such a code in one form or another is inevitable.
The Commonwealth of Australia is not yet a dozen years old, but the need of superseding six separate systems of law respecting marriage and divorce by a national law on the subject is already apparent and under constructive discussion.
Of all the federative dependencies of the British Crown Australia is perhaps the most homogenous in race, religion and traditions, and it will probably be the first to adopt a federal law of marriage and divorce.