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Thursday, 22 October 1914


Senator KEATING (Tasmania) . - I move -

That after paragraph (c) the following new paragraph be inserted : -

(cc)   for regulating the transmission by telegraph of the proxies of creditors at a distance from the place of the bankruptcy proceedings.

Under this Bill, bankruptcy proceedings will be more extensive territorially than they are at present, and it may so happen that a creditor will be at a very considerable distance. For instance, the bankrupt may be in Perth, and the creditor in Brisbane or Rockhampton, and by the time the latter receives 'notice of the proceedings, he may be unable to have his proxy forwarded in time by post. As one of the methods that might be adopted I suggest that a creditor should be able to sign a proxy form, lodge it with the Registrar, say, in Queensland, and have its contents, or their purport, telegraphed to the Registrar in Western Australia. As I said before, the High Court has power under the High Court Procedure Act to arrange for the transmission of certain documents by telegraph from registry to registry, and, doubtless, the necessary machinery could be provided for having proxies similarly transmitted. I had thought of inserting a simple provision that proxies might be sent by tele graph, but I prefer that power should be given simply to provide the necessary means of doing so under proper safeguards and provisions in the rules and regulations. It will be seen, therefore, that I do not propose to absolutely legislate for telegraphic proxies, but simply to afford an indication of the desirableness of providing the necessary machinery to meet such cases as I have suggested.







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