The Comptroller-General of Customs has forwarded for advice the following memorandum:

A letter as follows has been received by this Office from Messrs Abbott & Abbott of Commercial Bank Chambers, 42 St. George's Terrace, Perth, W.A., bearing date 7 January 1920, viz.:

1. B. of Bulgarian nationality, a sleeper cutter employed by Mr CD. of Benger W.A. died on 22 January 1917 from injuries received on that date by a tree falling upon him during the course of his employment.
2. had been in Australia for about two years, was married and his wife and three infant children all of whom were dependent on his earnings were and are now residing in Bulgaria. He left no estate here except personal effects practically valueless.

We have been consulted by the deceased's brother E.B. who resides in Western Australia as to instituting proceedings against the deceased's employer Mr D. claiming compensation on behalf of the widow and infant children under the Workers' Compensation Act 1912.

It appears that the deceased's brother some weeks after the accident interviewed our Curator of Intestate Estates and he the Curator gave the statutory Notice of Death and of the dependants' claim to Mr D. in accordance with the Act but nothing further has been done and the Curator has now refused to administer the estate and prosecute a claim against D.

Under the War Precautions Regulations dealing with moneys payable to enemy subjects it would seem to us that any compensation payable by D. to the deceased's dependants would when assessed have to be paid to you and be dealt with under the Regulations.

The Regulations are very obscure as to whether the deceased's brother being an enemy subject would prosecute the claim for compensation against D. or whether the claim is postponed until after peace has been gazetted.

As you are no doubt familiar with cases of a similar character we should be greatly obliged if you would inform us the usual course adopted in these matters and also whether if the claim can be prosecuted before the Declaration of Peace is gazetted you would require to administer the deceased's estate and initiate its claims or whether the brother should do so.

Thanking you in anticipation.

Will the Secretary please advise me on the question asked by Messrs Abbott & Abbott.

The wife and children of A.B., being resident in Bulgaria, which is an enemy country, no action can, until the ratification of peace with Bulgaria, be taken by them or on their behalf to recover compensation in respect of the death of B. (see Porter v. Freudenberg [1915] 1 K.B. 857).

The Treaty of Peace with Bulgaria may affect the question but, in the absence of any knowledge as to what the terms of that Treaty will be, I am unable to advise as to what action will be necessary in respect of the claim in question when peace is declared with Bulgaria.

I would suggest that Messrs Abbott & Abbott be informed that at present no action can be taken by their client to recover the compensation on behalf of the wife and children of B. and that until the terms of peace with Bulgaria are known you are unable to advise them as to what action will be necessary in respect of the claim.

[Vol. 16, p. 365A]