Allpike v Commonwealth [1948] HCA 19

Allpike v Commonwealth [1948] HCA 19

Because the moneys in question were confined to undrawn pay, deferred pay and interest on deferred pay, they fell within the part of the statutory definition of war service estate that was within Commonwealth legislative power. Section 7 of the War Service Estates Act 1942-1943, with the Regulations, authorized the...

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Special Case Stated Upon Questions of Law Arising in an Action for Declarations / High Court Answered Stated Questions and Dismissed the Action
Outcome
Action dismissed.
Legal Topics
['war Service Estate' 'undrawn Pay and Deferred Pay of Deceased Soldier' 'defence Power' 'severability' 'beneficial Entitlement to Military Pay on Death']
['constitutional Law' 'military Law' 'statutory Interpretation' 'succession and Probate'] ['war Service Estate' 'undrawn Pay and Deferred Pay of Deceased Soldier' 'defence Power' 'severability' 'beneficial Entitlement to Military Pay on Death']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Special Case Stated Upon Questions of Law Arising in an Action for Declarations / High Court Answered Stated Questions and Dismissed the Action

Legal Issues

  1. 1 ["Whether the War Service Estates Act 1942-1943 and Regulations authorized payment of the deceased soldier's undrawn pay, deferred pay and interest to persons other than the plaintiff as administratrix and sole beneficiary." 'Whether persons paid under s. 7 of the War Service Estates Act 1942-1943 would take beneficially or merely subject to ordinary rights of the estate or beneficiary.' 'Whether provisions authorizing beneficial payment to persons other than the plaintiff were beyond the legislative powers of the Commonwealth Parliament.' 'Whether any invalidity in provisions dealing with other money or personal property and effects was severable from provisions dealing with pay and allowances.']

Ratio Decidendi

Because the moneys in question were confined to undrawn pay, deferred pay and interest on deferred pay, they fell within the part of the statutory definition of war service estate that was within Commonwealth legislative power. Section 7 of the War Service Estates Act 1942-1943, with the Regulations, authorized the District Finance Officer to pay those moneys to the deceased soldier's brother and sisters and to confer beneficial entitlement on them. Any possible invalidity concerning other money due by the Commonwealth or personal property and effects was severable and did not affect the provisions relating to pay and allowances.

Court Disposition

Action dismissed.

Orders

  • ['Question (1) answered: Yes.' 'Question (2) answered: Yes.' 'Question (3) answered: No, in respect of the moneys in question in this case.' 'Plaintiff to pay costs of the defendants other than the Commonwealth and the District Finance Officer, Mr. R. J. McDonald.']