Roche v Kronheimer

The case of *Roche v Kronheimer* concerned a challenge to the validity of the *Treaty of Peace Act 1919* and regulations made thereunder, specifically regulation 20 of the *Treaty of Peace Regulations*. The dispute arose from orders made by the Minister for Trade and Customs, purporting to vest in the Public Trustee the property of German nationals, including beneficiaries under the will of the late Joseph Kronheimer. The executors of the will sought directions from the Supreme Court of Victoria, which referred and removed certain questions to the High Court of Australia.

The primary legal issue before the High Court was whether the *Treaty of Peace Act 1919* and regulation 20 of the *Treaty of Peace Regulations* were within the legislative powers of the Commonwealth Parliament. Specifically, the court was asked to consider if the Act and regulations were validly enacted under the defence power (section 51(vi)), the external affairs power (section 51(xxix)), or other relevant constitutional provisions, and whether the Act improperly delegated legislative power to the executive.

The High Court, in a joint judgment by Knox C.J., Gavan Duffy, Rich, and Starke JJ., held that the *Treaty of Peace Act 1919* and regulation 20 were valid. The Court reasoned that the defence power extended beyond military operations to include measures necessary for the termination of hostilities and the enforcement of peace terms. Furthermore, the Court affirmed that the Parliament had the power to confer authority on the Governor-General to make regulations for carrying out the treaty, citing previous decisions that upheld similar forms of delegated legislation. The Court also rejected the argument that regulation 20(5) improperly vested judicial power in the Minister, stating that the vesting or divesting of property could be achieved by legislative or executive action under legislative authority, not solely by judicial decree. Higgins J. concurred, finding that the provisions of Part X of the Treaty were within the Commonwealth's powers, particularly the external affairs power, and that the Act and regulations were validly made.

The Court declared that the *Treaty of Peace Act 1919* and the *Treaty of Peace Regulations* made thereunder were valid. Costs were awarded as between solicitor and client for all parties in the High Court, except for the Attorney-General of the Commonwealth, to be costs in the summons.