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.

It appears clear that the goods are enemy goods, and liable to capture. The cargo should be seized and unloaded, and the ship then allowed to proceed. The cargo should then be brought for adjudication before the Prize Court in Brisbane, i.e. the Supreme Court of Queensland in its Admiralty jurisdiction. Steps are being taken to bring the jurisdiction of the Prize Courts into operation.

[Vol. 13,p.4]

(1)See endnote Opinion No. 543.