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Thursday, 19 November 1959


Sir GARFIELD BARWICK (Parramatta) (Attorney-General) . - I move -

After clause 115, insert the following new clause: - " 115a.- (1.) The court may, at any stage of proceedings under this Act, if it is satisfied that the proceedings are frivolous or vexatious, dismiss the proceedings. " (2.) The court may, at any stage of proceedings under this Act, if it is satisfied that the allegations made in respect of a party to the proceedings are frivolous or vexatious, order that that party be dismissed from the proceedings.".

The purpose of this proposed new clause is to enable the court to terminate quickly frivolous and vexatious proceedings and not to have parties waiting until there has been a trial.

Proposed new clause agreed to.

Clause 116- (6.) The power to make rules of court conferred by paragraph (h) of section eighty-six of the Judiciary Act 1903-1955 shall be deemed not to extend to making rules of court regulating the practice and procedure in courts (other than the High Court) having jurisdiction under this Act in matters arising under this Act.







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