Roche v Kronheimer [1921] HCA 25

(HIGH COURT OF AUSTRALIA)

ROCHE AND OTHERS. -. Pranerrrrs ;

KRONHEIMER AND ANOTHER . . . Devenpants.

ON REFERENCE AND REMOVAL FROM THE SUPREME COURT OF VICTORIA.

Consitutional Law—Leyislative powers of Parliament of Commonicealth—Defence— External affaire—Treaty of Peace—Regulations to give effect to Treaty—Validity of Act and Regulations—Julicial power—The Constitution (63 & 64 Vict. e.1 ses, 5A (vt), (X1%.), (XX1X.), 71—Treaty of Peace Act 1919 (No. 20 of 1919), see 2—Treaty of Pence Regulations (Statutory Rules 1920, No. 25), reg. 2

'The Treaty of Peace Act 1919 is within the legislative power of the Parliament of the Commonwealth ; and reg. 20 of the Treaty of Peace Regulations is author- ined by sec. 2 of that Act, both so far as it purports to re-enact the provisions of Part X. of the Treaty of Peace and so far as it purports to provide machinery for enforcing those provisions within the Commonwealth.

Per Higgins J. : The Act can be upheld under the power to make laws as to 'aval and military defence (sec. 51 (vi.)); and, semble, also under the power to make laws as to external affairs (see. 51 (xx1%.)

Farey v. Burvel, 21 CLLR., 438, Pankhurot v. Kiernan, 247C.LR., 120,

Ferrando v. Pearce, 25 CUR. 241, and Sickerdick v. Ashton, 25 C.LR., 506, followed.

- Questions referred and removed to the High Court by and from the Supreme Court of Victoria.

Joseph Kronheimer, who died in Victoria on 16th July 1914, by his will dated 12th December 1913 made bequests and gave interests inthe residue of his estate to a number of German nationals, including Max Kronheimer of Hamburg, Germany, who was appointed one

H.C. or A. 1921. ~

MetnouRNe,

Feb, We '1a

Mar. 14°16,

23; June 2

Gavan Duty,

H.C. or A. of the executors. Probate of the will was, on 10th October 19)

121.

HIGH COURT

granted to the other executors, namely, Joseph Francis Louis Stanley Benjamin, Jacob Englander and the Equity Trustes, Executors and Agency Co. Ltd., leave being reserved to May Kronheimer to come in and prove.