Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Full Day's HansardDownload Full Day's Hansard    View Or Save XMLView/Save XML

Previous Fragment    Next Fragment
Wednesday, 16 December 1914

Senator KEATING (Tasmania) . - It is only a hurried glance that I can give to the clauses as they go through. I call the attention of the Minister to the use in this clause of the phrases " The Court may make such order as it thinks fit " and " the order of the Court shall be finally conclusive, except as provided in section 28 of the Act." I notice that sub-clause 7 of clause 24 reads -

An appeal under this section may be heard by a single Justice of the High Court or Judge of thu Supreme Court.

Is it to be understood that, with the exceptions adverted to in clause 26, the decision of a Judge of the Supreme Court of a State or the decision of a Justice of the High Court is unappealable? In other words, are the decisions of a Judge and a Justice to be put on exactly the same basis with regard to this measure?

Senator Guthrie - An appeal to the High Court under clause 28 will only be an appeal under sub-clause 1 of clause 26.

Senator KEATING - Exactly.

Senator Pearce - Clause 28 is to be amended when it is reached, owing to an amendment made in another place.

Senator KEATING - Is it deliberately intended by the Government that the jurisdiction of a Judge of the Supreme. Court of a State shall be to all intents and purposes equivalent to the jurisdiction of a Justice of the High Court?

Senator Pearce - No; both should be appealable.

Senator KEATING - Under the same conditions ?

Senator Pearce - Yes.

Senator KEATING - Then I take it that the reason why in sub-clause 7 of clause 24 it is provided that an appeal may be heard by a Judge of the Supreme Court of a State is in order to facilitate appeals, in case the High Court be not sitting in the State ?

Senator Pearce - That is so.

Senator KEATING - The appeal is to the Pull Court under clause 28.

Clause agreed to.

Clause 27 agreed to.

Clause 2S-

An appeal shall lie to the High Court from any order made under sub-section (1) of section 2G of this Act.

Suggest corrections