The Public Trustee submits the following questions for advice:

1. Whether the evidence (set out in the attached file) as to the nationality of A.B.C. should be accepted.

It discloses that C. is naturalized, having taken the oath of allegiance at Charters Towers, Queensland, on 10 February 1896, that his naturalization papers are still in force and that when war was declared he was on a visit to Germany, and was registered as an Australian (confirmed by British Consul at Berlin) and treated by the German authorities as an Australian and not as a German national.

In view of this evidence, well authenticated and also supported by his family history, I consider that C. must be treated as a British subject, in which case no release is required under the Treaty of Peace Regulations. C. having been regarded as an 'enemy subject' within the meaning of the Trading with the Enemy Act 1914-1921, the usual Order in Council in pursuance of sub-section (1) of section 9D of the said Act authorising repayment to him of his moneys should be put through.

1. Whether the Public Trustee is bound to satisfy himself as to the nationality of these people (claimants) under the Treaty of Peace Regulations or whether the obligation is on the claimants to satisfy the Public Trustee.

The Public Trustee should satisfy himself as to the nationality of the claimants for release but no hard and fast rule can be laid down as to the burden of proof. The applicants naturally produce and must produce all the evidence they can in their favour, and in this they should be assisted by the Public Trustee, who has access to Australian official records. Property should not be vested in the Public Trustee unless satisfactory evidence is produced that the owner's nationality brings him within the law enabling his property to be so vested.

[Vol. 19, p. 274]