Proceedings are pending in the Supreme Court of Victoria for a grant of letters of administration in the estate of A. B.C., deceased. The application for the grant is opposed.

Messrs Snowball and Kaufmann, Solicitors for the applicant, have informed the Commissioner of Pensions that it will be necessary to have the papers relating to the deceased's pension produced in Court, and that a subpoena will be served for that pur-pose. They also ask the Commissioner to afford them access to the papers, as it will be necessary to place Counsel in possession of the facts contained in the papers before going into Court.

The Commissioner has referred the matter to me for advice as to the course which the Department should take in the matter.

I am of opinion that the papers ought not to be produced unless Messrs Snowball and Kaufmann satisfy the Commissioner that their production is required in the interests of justice. So far as 1 can see at present, Messrs Snowball and Kaufmann have failed to do this, and have not even shown that the papers would be relevant to any question now before the Court.

I would suggest that the best course would be to permit Messrs Snowball and Kauf-mann to have an interview with an officer of this Department, and if they succeed in convincing him that the inspection would be in the interests of justice, to allow the officer to show them the papers.

In the event of a subpoena being served and Messrs Snowball and Kaufmann having failed to show that the production of the papers is required in the interests of justice, the papers should be taken to the Court by an officer who should, if called on to produce them, inform the Court that he objects to produce them on the ground that they are Commonwealth documents of a confidential nature but is prepared to produce them if the Court thinks they ought to be produced.

[Vol. 11, p. 12]