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Friday, 6 July 1906


Mr DUGALD THOMSON (NORTH SYDNEY, NEW SOUTH WALES) - We know that in many cases an injunction may be applied for immediately after proceedings have been instituted.


Mr Isaacs - That is the idea of this proposal.


Mr DUGALD THOMSON (NORTH SYDNEY, NEW SOUTH WALES) - To stop the person trading?


Mr Isaacs - To stop what is aimed at in the amendment - restraint of trade to the detriment of the public.


Mr DUGALD THOMSON (NORTH SYDNEY, NEW SOUTH WALES) - But then there will have been no decision given.


Mr Isaacs - No; but the decision will be given on that application.


Mr DUGALD THOMSON (NORTH SYDNEY, NEW SOUTH WALES) - The whole case will not be tried and witnesses for both sides heard before then ?


Mr Isaacs - Yes.


Mr DUGALD THOMSON (NORTH SYDNEY, NEW SOUTH WALES) - Then judgment will be given?


Mr Isaacs - Yes, a man can ask for an injunction, but he will not get it until witnesses on both sides have been heard.


Mr DUGALD THOMSON (NORTH SYDNEY, NEW SOUTH WALES) - I regret that this clause has to be discussed in the absence of legal members. It is not an uncommon thing for an injunction to be applied for under various State laws, and granted before the case has been heard.


Mr Isaacs - An interlocutory injunction.


Mr DUGALD THOMSON (NORTH SYDNEY, NEW SOUTH WALES) - Yes.


Mr Isaacs - I cannot conceive of that being done in this case.


Mr DUGALD THOMSON (NORTH SYDNEY, NEW SOUTH WALES) - Would it be possible?


Mr Isaacs - No, impossible.


Mr DUGALD THOMSON (NORTH SYDNEY, NEW SOUTH WALES) - We should guard strictly against the possibility of the Attorney-General applying for and getting an injunction to restrain operations before the judgment of the Court has been delivered, declaring the operations to be in contravention of the Act.


Mr Isaacs - I cannot conceive the possibility of any interlocutory injunction being applied for.


Mr DUGALD THOMSON (NORTH SYDNEY, NEW SOUTH WALES) - That ought to be made absolutely impossible. Why not use the expression " after judgment by the Court " ?


Mr Isaacs - It must be after judgment by the Court.


Mr DUGALD THOMSON (NORTH SYDNEY, NEW SOUTH WALES) - If so, why not say that ? In some cases we have the injunction applied for before a decision is given, and there is nothing in this provision to show that that cannot be done. If the Attorney-General says that it is only intended to be put in operation after judgment by the Court-


Mr Isaacs - Do not misunderstand me. An injunction could only operate after judgment.


Mr DUGALD THOMSON (NORTH SYDNEY, NEW SOUTH WALES) - If that is intended, why is it not stated ?


Mr Isaacs - It is necessarily involved.


Mr DUGALD THOMSON (NORTH SYDNEY, NEW SOUTH WALES) - I am not so satisfied about that.


Mr Isaacs - I know that it is an interlocutory injunction which is troubling my honorable friend. The object of an interlocutory injunction is only to preserve property until the hearing of the case.


Mr DUGALD THOMSON (NORTH SYDNEY, NEW SOUTH WALES) - It ought to be made absolutely clear that an injunction could not be obtained to restrain parties from continuing the operations complained of until judgment had been given. Otherwise, absolutely guiltless persons might have restraints put upon them in the conduct of their business, and that might mean serious loss, in some cases- ruin. I am sure 1 138 Australian Industries [REPRESENTATIVES.] Preservation Bill. that the Attorney-General will see the desirability of avoiding a danger of that sort. He will have a successor, however long he may occupy his office ; and he should make provision to prevent a successor from doing what, in his view, would be improper. At any rate, if he does not make that provision now, I think that he might give the Committee the opportunity of again considering the clause, and in the meantime draft a provision which wouldbe a safeguard in that respect, and yet would place no restriction upon the proper operation of the Act. It would be a very serious position if an injunction could be granted before judgment.


Mr Isaacs - I quite agree with the honorable member that it would be.


Mr Harper - Could not the AttorneyGeneral put in something to make it clear ?


Mr DUGALD THOMSON (NORTH SYDNEY, NEW SOUTH WALES) - I think that he could, but I am placed at a disadvantage in the absence of legal members.


Mr Isaacs - I am quite with the honorable member as to the undesirability of allowing an injunction to be granted until the case has been determined.


Mr DUGALD THOMSON (NORTH SYDNEY, NEW SOUTH WALES) - It seems to me that there is no limitation as to when an injunction could be applied for and granted. It should be made quite clear that it could only foe granted after judgment had been declared. It would be a very serious thing if, in addition to the interference which the Bill naturally " created, there should be destruction of business where a man was found afterwards not to be guilty at all.







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