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Tuesday, 12 December 1911


Senator McDOUGALL (New South Wales) . - I am very much in favour of this clause, but I consider that it does not go far enough. It would have been a good thing if under all our arbitration laws we had kept lawyers outside the Court altogether. But a way has been left open for a more undesirable class of people than practising lawyers to represent an organization. There is a certain class who have had law experience, but for some reason or other are no longer allowed to practice. Such persons have been permitted to act for organizations. Under the clause, as it stands, such a person would be permitted to go into Court and act for an organization. In New South Wales we have a number of such people. It is unfair that a practising solicitor or barrister should not be permitted to appear in the Arbitration Court, whilst a person who is unregistered is permitted to do so. I intend to submit an amendment which will insure that a member of an organization appealing to the Court may appear in the Court, but that a person who is not a member of the organization shall not be allowed to appear. The most successful cases under our arbitration laws have been those in which lawyers have not appeared. But we ought not to allow a worse class of persons to do so. I move-

That the following words be added : - " or agent not being a member of the organization."







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