cpap. 11] THE COMMONWEALTH OF AUSTRALIA 893 
such pension on ultimate retirement as he would have 
received under the law of the state. These provisions have, 
curiously enough, given rise to a considerable amount of 
unnecessary litigation, partly caused by the unwillingness 
of the states to pay their share of the retiring allowances of 
certain officers? or the reduction of their former salaries by 
the Commonwealth.? 
The provisions as to the transfer of state property are as 
follows :— 
85. When any department of the public service of a State 
is transferred to the Commonwealth— 
(i) All property of the state of any kind, used exclusively 
in connexion with the department, shall become vested in 
the Commonwealth ; but, in the case of the departments 
sontrolling customs and excise and bounties, for such time 
only as the Governor-General in Council may declare to be 
necessary : 
(ii) The Commonwealth may acquire any property of the 
state, of any kind used, but not exclusively used in connexion 
with the department ; the value thereof shall, if no agree- 
ment can be made, be ascertained in, as nearly as may be, 
the manner in which the value of land, or of an interest in 
jand, taken by the state for public purposes is ascertained 
ander the law of the state in force at the establishment of the 
Commonwealth : 
(iii) The Commonwealth shall compensate the state for 
the value of any property passing to the Commonwealth 
ander this section ; if no agreement can be made as to the 
mode of compensation, it shall be determined under laws to 
be made by the Parliament : 
(iv) The Commonwealth shall, at the date of the transfer, 
assume the current obligations of the state in respect of the 
department transferred. 
Much property has been transferred under this agreement 
0 the Commonwealth, but the payments to be made are 
\ Ct. Willis v. Machray, [1910] A. C. 476 ; New South Wales v. Common- 
vealth, 6 C. L. R. 214; Manion v. Williams, 4 C. L. R. 1046; Greville 
v. Williams, 4 C. L. R. 694 (reversed on different grounds by Privy Council, 
3 C. L. R. 760) ; Dettman v. Williams, 3 C. L. R. 43, &c. 
s Of. Cousins v. Commonwealth, 3 C. L. R. 520; of. Bond v. Common- 
wealth. 1 C. L. R. 13.