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Friday, 13 August 1920


Mr HUGHES (Bendigo) (Prime Minister and Attorney-General) . - The honorable member for Wentworth (Mr. Marks) suggested that the meeting places of the Tribunals should be other than a Court, and I agree with that idea, because the less formal these assemblies are the better they are likely to get on ; a round-table conference without the paraphernalia of a Court of justice is much more likely to produce good results. I cannot at the present time insert a clause to that effect, but I shall confer with the Solicitor-General, and have one inserted in the Senate.

Clause, as amended, agreed to.

Amendment (by Mr. Hughes) agreed to-

That the following new clause be inserted: - " 27a. ( 1 ) When an alleged industrial dispute is referred to a Special Tribunal or a Local Board, any party to the proceeding may apply to the High Court for a decision on the question whether the dispute or any part thereof exists, or is threatened or impending or probable, as an industrial dispute extending beyond the limits of any one State or on any question of law arising in relation to the dispute or to the proceeding or to any award or order of the Court.

(2)   The High Court shall have jurisdiction to hear and determine the question.

(3)   The jurisdiction of the High Court under this section may be exercised by any Justice of the High Court sitting in Chambers.

(4)   The decision of the High Court or the Justice on the question shall be final and conclusive, and shall not be subject to any appeal to the High Court in its appellate jurisdiction, and shall not be challenged, appealed against, reviewed, quashed, or called in question, or be subject to prohibition, mandamus, or injunction, in any Court on anv account whatever."

Amendment (by Mr. Hughes) proposed -

That the following new clause be inserted: - " 27R. ( 1 ) No award or order of a Special

Tribunal or Local Board shall be challenged, appealed against, reviewed, quashed, or called in question, or be subject to prohibition, mandamus, or injunction, in any Court on any account whatever.

(2)   The chairman of a Special Tribunal or Local Board may, if he thinks lit, in any proceeding before the Tribunal or Board, as the case may be, at any stage and upon such terms as he thinks fit, state a case in writing for the opinion of the High Court upon any question arising in the proceeding which in his opinion is a question of law.

(3)   The High Court shall hear and determine the question, and remit the case with its opinion to the chairman; and may make such order as to costs as it thinks fit."







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