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Thursday, 12 May 1921


The CHAIRMAN (Senator Bakhap - So far as the Latin term is construable in its legal sense, I take no responsibility.


Senator DRAKE-BROCKMAN (WESTERN AUSTRALIA) -brockman. - It is a writ for removal from one Court to another.


Senator Pearce - It does not take . away the right of common law. This clause is taken from the Defence Act.


Senator FOSTER - I am afraid that the Minister does not know any more about the matter than I do. It seems to me that if this clause is accepted, and some mistake is made in the construction or form of a court martial which might be considered by the High Court to be illegal, it will not be possible to take the case to the High Court on a technicality. .


Senator Pearce - It means that the proceedings of a court martial cannot be taken into another Court, but an action may be commenced in another Court.







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