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Tuesday, 17 March 1987
Page: 916


Mr LIONEL BOWEN (Attorney-General)(4.50) —by leave-The Government moves the following amendments:

(1) Clause 5, page 4, line 12, omit ``(in this subsection referred to as the `other court')''.

(2) Clause 5, page 4, line 14, omit ``other court'', substitute ``Federal Court or the Family Court''.

(3) Clause 5, page 4, line 23, omit ``other court'', substitute ``Federal Court or the Family Court''.

(4) Clause 5, page 4, line 34, omit ``other court'', substitute ``Federal Court or the Family Court, as the case may be''.

(5) Clause 5, page 4, line 36, omit ``other court'', substitute ``Federal Court or the Family Court''.

(6) Clause 5, page 4, line 37, omit ``other court'', substitute ``Federal Court or the Family Court, as the case may be''.

(7) Clause 5, page 5, line 15, omit ``that other State or Territory'', substitute ``the State or Territory referred to in sub-subparagraph (a)''.

(8) Clause 5, page 5, line 43, omit ``that other court'', substitute ``the other of the courts referred to in paragraph (a)''.

(9) Clause 5, page 6, line 2, omit ``that other court'', substitute ``the other of the courts referred to in paragraph (a)''.

(10) Clause 5, page 6, line 4, omit ``that other court'', substitute ``the other of the courts referred to in paragraph (a)''.

(11) Clause 5, page 6, line 27, omit ``that State or Territory'', substitute ``the State or Territory referred to in sub-subparagraph (a)''.

(12) Clause 5, page 7, line 2, omit ``that other court'', substitute ``the other of the courts referred to in paragraph (a)''.

(13) Clause 5, page 7, line 4, omit ``that other court'', substitute ``the other of the courts referred to in paragraph (a)''.

(14) Clause 5, page 7, lines 21 to 27, omit subclause (8), substitute the following subclause:

``(8) A person who is entitled to practise as a barrister or a solicitor, or as both a barrister and a solicitor, in a court has, if a proceeding (in this subsection referred to as the `transferred proceeding') in that court is transferred to another court under a law or laws relating to cross-vesting of jurisdiction, the same entitlement to practice in relation to:

(a) the transferred proceeding; and

(b) any other proceeding out of which the transferred proceeding arises or to which the transferred proceeding is related, being another proceeding that is to be determined together with the transferred proceeding;

in the other court that the person would have if the other court were a federal court exercising federal jurisdiction.''.

These amendments are machinery ones and have been circulated. They are quite extensive. This clause allows for the transfer of proceedings between courts in certain specified situations. Concern was expressed by a committee of the Law Council of Australia that, until the Bill was drafted, transfer depended upon there being related proceedings pending in the second court. This was not the intention of the Commonwealth, State and Northern Territory Attorneys-General. While the Bill did give effect to the Attorneys' intention, its provisions were obscure. Amendments 1 to 13 to this clause, as circulated, are designed to clarify that provision.

The right to practise is dealt with under subclause 5 (8) which provides for certain rights to practise in transferred proceedings. Following representations from the Law Council committee and discussions between the Commonwealth and State Solicitors-General, this is to be extended to cover related proceedings to be heard together with the transferred proceedings, and that is covered by amendment 14. That is the explanation for these amendments.