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Wednesday, 4 December 1935


Senator A J McLACHLAN (SOUTH AUSTRALIA) (Postmaster-General) . - A lengthy disquisition concerning the rights of the wife of an insane returned soldier would be out of place in the discussion on this clause, but I may, perhaps, reassure Senator Hardy by stating that the wife in circumstances mentioned by him, would be very foolish to continue the payments and would be so advised by the War Service Homes Commission. If I were asked, I would advise that if the wife pays the money to the commission she has a charge on the land or the home for the amount advanced. Itis a difficult position to explain. Her rights would have to be enforced in equity. It is a legal position against which it is doubtful whether we can legislate because we should be in conflict with the State law. All that the Commissioner can do is to cancel the contract and sell the home to the wife and so bring the case within the provisions of the relief scheme.

Clause agreed to.

Clause 4 agreed to.

Clause 5 (War service homes trust account).







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