NRS-8445 | Papers relating to the War Service Land Settlement Branch

These papers relate to the Lands Department's challenge to the validity of a decision made by the High Court on 21 December 1949, which invalidated the Commonwealth/State Agreement on soldier settlement, and proposed validating legislation to give effect to any defects in title and unlawful payment of money consequent upon the High Court decision in the case of P.J. Magennis Pty. Ltd. The pastoral company of P.J. Magennis Pty. Ltd. asked the Court for an injunction to restrain the State Government from resuming its property of 14,253 acres at Yass for soldier settlement, and for an order to restrain the Commonwealth from paying out of consolidated revenue any money for the resumption of land. It also sought a declaration that the Commonwealth War Service Land Settlement Agreement Act, 1945 and the State War Service Land Settlement Agreement Act, 1946 were invalid. The agreement between the Commonwealth and the State which the High Court declared invalid stipulated that land acquired for returned soldiers settlement should be acquired on 1942 values. The High Court decision meant that the government could acquire the land "on just terms". These volumes contain correspondence relating to the above, newspaper cuttings, copies of the relevant Acts, outlines of the proposed Bills, minutes for State Cabinet and copies of legal opinions. (3/6693-95). 3 vols. Note:This description is extracted from Concise Guide to the State Archives of New South Wales, 3rd Edition 2000.