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Friday, 15 December 1905


Mr MALONEY (Melbourne) - I have to thank the Minister for the way in which he has introduced this clause, but my feeling is that counsel should not be employed, except with the consent of both parties to the cause. It should not be competent for the man with the longest purse to obtain the permission of the Court to employ counsel, and to practically compel his opponent to do the same thing. Section 199 of the Act requires that the Court shall be guided by the substantial merits and good conscience of each case without regard to legal forms and technicalities, but I am sure that the honorable member for Riverina will agree with me that the spirit of that provision was broken on the very first occasion that the Court was appealed to.

Amendment agreed to.

Proposed new clause, as amended, agreed to.

Amendments (by Mr. Groom) agreed to-

That the following new clauses be inserted : - "47 A. Section 193 of the Principal Act is amended by omitting the whole of sub-section 3." " 50B. -Section 206 of the Principal Act is amended by omitting the words ' (or until the High Court is established the Governor-General.)' "







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