Opinion Number. 41

Subject

ACQUISITION OF LAND WHETHER TRANSFER SHOULD BE IN NAME OF KING OR COMMONWEALTH OF AUSTRALIA

Author
Date

Certain land at Cobram in the State of Victoria has been purchased by the Commonwealth as a site for a Post Office.

The seller has executed a transfer of the land to the King, and now claims the purchase money.

My opinion is asked whether the transfer is in order, and whether the Department of Home Affairs would be justified in paying the account for the purchase money. I am of opinion:

  1. That the transfer is not in order. It should be to the Commonwealth of Australia. If the transfer of the land is taken in the name of the King there will be nothing on the title to show whether the property is vested in the Commonwealth or the State.
  2. That the Department of Home Affairs is not justified in paying the purchase money until a transfer to the Commonwealth is executed.

[Vol. 1, p. 295]