I have carefully considered the opinion given by the Crown Solicitor in this case, and also the Deceased Soldiers' Estates Act and Regulations thereunder, and generally the power of the Commonwealth to legislate as regards the disposal of the military estates of deceased soldiers.

Generally I am of opinion that, seeing that the military estate, as, e.g. deferred pay, is due to the soldier under Commonwealth legislation, it is competent for the Parliament to enact laws dealing with the disposal of the estate, and such laws would be valid not only to protect the Commonwealth when disposing of the estate in accordance with the law, but also to give a good title to the person to whom it is disposed.

Dealing now with the matter particularly in issue in the present case, it appears to me that it is open to doubt whether the position taken up by the Commonwealth is sound, having regard to the terms of the Act and Regulations thereunder.

Section 4, sub-section (1) of the Deceased Soldiers' Estates Act 1918 is as follows:

4(1) In the event of the death of a member while on war service the military estate of the member may be paid or delivered-

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(c) to such persons or classes of persons as are prescribed.

Regulation 12 of the Deceased Soldiers' Estates Regulations purports to authorise the payment of the military estate to such persons as the Minister approved. It will be seen that the regulation does not prescribe the persons or classes of persons who are to receive military estates, but invests the Minister with power to pay the estates to such persons as he thinks fit, and in my opinion the regulation is not consistent with the Act.

The Crown Solicitor, in his opinion, states that only the clearest and most definite language would justify the conclusion that the Act intended to vest in the Minister power to authorise payment of an estate otherwise than in the manner directed by will.

In my opinion, the Act is sufficiently clear in its language to authorise the payments of military estates in the manner provided irrespective of the terms of a will.

A Bill to amend the Deceased Soldiers' Estates Act 1918 so as to cure certain defects in the Act is now before Parliament.

It is suggested that further action in regard to A.'s estate be postponed until the Bill is passed and fresh regulations made.

[Vol. 16, p. 288]