Legal Opinions

By section 177 of the Imperial Act, as amended in 1909 and 1912, it is provided as follows:

The Secretary, Department of Defence, forwards for advice the following telegram from Brisbane:

British steamship Cairnhill with broken shaft in tow to Sydney carrying phosphates from Nauru German possession to Rotterdam and or Stettin on account Pacific Phosphates Co. Limited a company having commercial domicile in German territory. Vide last clause paragraph 32 Secret Instructions.⁽¹⁾ Ordered into port and detained. Report following.

A minute by the Assistant Law Officer of New South Wales raising the question whether subjects of the German Empire, now at war with Great Britain, residing in Australia are entitled without licence from the King to enter into contracts in Australia, and whether such subjects may sue on such contracts in the Australian courts has been placed before me for my opinion.

The Minister asks for advice on the following memorandum submitted by the Chief Electoral Officer:

Submitted for the Minister's approval that the Attorney-General's Department be asked to advise as to the course which should be followed by the Electoral Administration in the event of a duly nominated candidate for the Senate dying before polling day and the remaining candidates exceeding the number required to be elected.

Should the name of the deceased candidate appear on the ballot-papers?

The Norwegian barque Ferm, laden with coal consigned to Messrs Vorwerk & Co., Valparaiso, is detained at Newcastle by order of the Defence Department.

The charterers of the vessel and buyers of the coal are Messrs Krabbenhoft & Bock of Hamburg, represented by Mr Johannsen of Newcastle (who also holds the position of German Vice-Consul in that town).

The Vice-Consul for Norway represents that the ship ought to be allowed to sail with the cargo.

The Secretary, Department of Defence, asks for advice.

The Secretary, Department of Home Affairs, refers for advice a letter received by the Commonwealth Electoral Officer, Adelaide, from the solicitors of Mr J.H.S. Olifent, Secretary of the United Labour Party, informing him that Mr Gregor McGregor, a duly nominated candidate for the Senate election, had died on 13 August, and requesting him, in pursuance of section 108 of the Electoral Code 1908 (South Australia) by public notice to countermand the poll.

In my opinion a person under twenty-one years of age is bound by his enlistment, irrespective of whether his father has consented. See Manual of Military Law, 1914, p. 191, and cases there cited.

[Vol.13,p.15]

The Secretary to the Treasury forwards for advice the following letter from the Governor of the Commonwealth Bank:

I have the honour to request that you will be good enough to ask the Honourable the Attorney-General to favour me with an opinion as to the proper course to be adopted in dealing with the accounts of German and Austrian subjects in both the General Banking Department and the Savings Bank Department of the Commonwealth Bank of Australia.

The Secretary, Department of Defence, forwards the following minute for advice:

I have to bring under notice that the following German and Austrian officers, reservists, have been handed over to the A.Q.M.G. as prisoners of war as from 24th instant:

[Table setting out names and particulars omitted.]

Attention is invited to para. 95 of Chapter No. XIV of the Manual of Military Law, which provides:

I have been asked by Brigadier-General Bridges to state in writing the opinion given by me verbally a few days ago to Major White and Major Glassford on the subject of the application of the Army Act to the Australian Expeditionary Force-(a) previous to embarkation, and (b) from the time of embarkation until return to Australia.

1. Previous to embarkation