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Thursday, 22 October 1914


Senator KEATING (Tasmania) . - I move -

That the word " Governor-General " be left out, with a view to insert in lieu thereof the words " Justices of the High Court, or a majority of them."

I intend subsequently to move that, after the word " make," the words " annul or alter " be inserted. The words relating to the Justices are taken from section 86 of the Judiciary Act, and section 33 of the High Court Procedure Act; and I think it is most desirable that the Justices should make the rules, considering that they deal with a highly technical subject. All the Justices have had personal experience of bankruptcy work in the different States of the Commonwealth ; and honorable senators who were here when we passed the two Acts I have mentioned will remember that we made provision enabling causes to be transferred from one State to another, or from one District Registry to another, and in other ways introduced provisions which, I believe, were novel, but necessary to meet the novel conditions of Australia with its extensive territory. This bankruptcy law will have relation to people severed by great distances; and the experience acquired by the Judges in judicially interpreting the law in the various States equips them better than perhaps any other authority could be, to approach a subject of the kind.







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