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Thursday, 25 May 1972
Page: 2146


Senator James McClelland (NEW SOUTH WALES) - I wish to add a few words to those of my Leader Senator Murphy. The Attorney-General (Senator Greenwood) has even less excuse for his mistake about the legal nature of organisations under the Act than he would have if he were relying merely on his obviously sketchy knowledge of the Jumbunna case which, after all, is a rather old case and on his obvious ignorance of the Williams v. Hursey case. In his second reading speech he referred to the case of Moore v. Doyle. One would assume that a Minister giving such attention to the Moore v. Doyle case, in which, incidentally. I acted for one of the parties, would have taken the trouble to read the judgment in that case. The court which was considering the case traversed all the authorities on this vexed question of the legal nature of organisations registered under the Act and gave considerable attention to the question whether an organisation under the Act is in fact a corporation. In that case, which was a recent one, the Court came down unequivocally on the side of the contention that has been put to the Committee tonight by Senator Murphy. There is absolutely no excuse for the first law officer of the Crown to come before this chamber and suggest that there is some doubt - any doubt at all - about the legal nature of an organisation registered under this Act. I suggest to him he go back to the authorities and that he have a look at not only the Jumbunna case and the case of Williams v. Hursey but also that he read Moore v. Doyle again, in which all the thinking of the judges of this country is brought up to date. The learned Court - the Commonwealth Industrial Court - came down with the statement that an organisation registered under the Commonwealth Conciliation and Arbitration Act is unequivocally a corporate body.







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