South Australian Consolidated Acts South Australian Consolidated Acts64—Abolition of rule as to unity of spouses
(1) Subject to this
section, where any injury or damage is suffered by any person by reason of the
wrongful act, neglect or default of his spouse, the spouse shall be liable in
respect of that injury or damage in all respects as if the injured person and
the person by reason of whose wrongful act neglect or default the injury or
damage is suffered were not married.
(2) This section shall
not be construed as entitling any person to maintain an action in trespass or
ejectment against his spouse in respect of a matrimonial home.
(3) Where proceedings
are brought pursuant to this section, the court may dismiss the proceedings if
it appears to the court—
(a) that
no substantial benefit would accrue to either party from the continuation of
the proceedings; or
(b) that
the question or questions in issue could be more conveniently disposed of on
an application under section 105 of the Law of Property Act 1936 .