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Wednesday, 6 May 1942


Mr FALSTEIN - I ask the Acting Attorney-'General whether Mr. Justice Nicholas, of the Supreme Court of New South Wales, has ruled that sole executors or executrices who are the sole beneficiaries of persons presumed dead under Statutory Rule No. 318 of 1941 - that is, persons who are presumed to have lost their lives in circumstances such as those in which H.M.A.S. Sydney was lost - must furnish a bond before probate will be granted? Is the honorable gentleman aware that, because of the indefinite liability imposed on guarantors, it is impossible to obtain- such a bond? If these are facts, will the honorable gentleman consider an immediate amendment of the regulations made by Statutory Rule No. 318, in order that grant of probate may be made in the normal way?







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