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Friday, 20 July 1906


Mr JOSEPH COOK (PARRAMATTA, NEW SOUTH WALES) . - The more I examine this proposal, the more fair it seems to be. We have a Court superior from every point of view to the States Courts, and yet without power to determine who shall appear before it. The only difficulty that I see in the way of making the proposal effective is that we shall probably create a set of practitioners in the Federal Courts who will be denied access to the States Courts. That strikes me as a somewhat anomalous position to bring about, and, perhaps, it would be better to allow the actual enactment of this provision to stand over until we ascertain' whether some arrangement cannot be made for reciprocity between the Commonwealth and States Courts.


Mr Frazer - It is said at present that there is no necessity for an agreement, because there are no Federal practitioners.


Mr JOSEPH COOK (PARRAMATTA, NEW SOUTH WALES) - I take it that if the amendment is agreed to steps will be taken to secure reciprocity, that is to say, to insure that Federal practitioners shall be eligible to plead in the States Courts. I am not so sure but that we should exhaust all our possibilities in the direction of completing our judicial equipment. It might be desirable for us to set up our own honorary magistracy, and provide ourselves with all the machinery necessary for discharging the functions of the Commonwealth. For instance. I understand that at present our naturalization papers have to be taken to States justices of the peace to be attested. I do not see why we should not fully equip ourselves in every respect so far as the administration of our laws is concerned.







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