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Tuesday, 17 March 1987
Page: 917


Mr SPENDER(4.56) —The purpose of the Opposition's amendment is to give effect to the general proposition that I have put to this chamber. I move:

(3) Clause 7, pages 9 and 10, omit the clause, substitute the following clause:

Institution and hearing of appeals

``7. An appeal from a decision of a court shall only be instituted and heard in accordance with the appeal provisions which normally apply to that court.''.

If this amendment were given effect to, together with the other amendments which the Opposition proposes to the Jurisdiction of Courts (Cross-vesting) Bill 1986 and taken into account with our opposition to the second Bill, the Jurisdiction of Courts (Miscellaneous Amendments) Bill 1986, would leave us in the position where, once a court took a matter and determined it, an appeal would then lie through the ordinary appeal processes of that court, be it a Territory court, a State supreme court or the Federal Court of Australia. We think that is the desirable objective. I understand the problems to which the Attorney-General (Mr Lionel Bowen) has referred. There are always problems of negotiations with the States. I have always thought the Attorney-General was a man of great persuasiveness, and I should have thought that, with his golden tongue and his considerable charm, had he applied himself to getting a fully integrated system, we might just have managed it. As I said, this amendment gives effect to what we intend, and no more need be said about it because it is covered by what I have already said.