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Thursday, 24 October 1974
Page: 1975


Senator MURPHY (New South WalesAttorneyGeneral) - It seems quite clear that the case Senator Rae mentioned would not come within the scope of this legislation as an enforceable arbitral arrangement. It does not really deal with that matter. The arbitration would have to be agreed to. There does not seem to be anything here which would bring it within the scope of the contemplation of this statute.


Senator Rae - In the original mortgage document, apparently, he agreed to arbitration.


Senator MURPHY - To give the honourable senator the simple answer, the legislation applies only to enforcement of arbitration arrangements made in this country when they would be regarded as legitimate arbitrations. The kind of thing of which Senator Rae is speaking could in no way be regarded as an arbitration within the contemplation of this kind of legislation. It seems a pretty extraordinary proposition that a person's property could be expropriated and then some mortage over it could be sought to be enforced against him.


Senator Rae - But I have seen the correspondence. I know it is extraordinary, but it is happening. Naturally he is concerned.


Senator MURPHY -Presumably, that is a long time after the event. There are a number of clauses here. Clause 8 (5) (c) states:

(e)   that party was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case in the arbitration proceedings.


Senator Greenwood - That appears to be the best ground of them all, I think.


Senator MURPHY -Yes. It is really not something that would come within the scope of this legislation at all. Quite clearly, it seems to be outside the scope of this legislation. I think that both Senator Rae and I would be astonished to think that anyone would seek to enforce such a arrangement.

Bill agreed to.

Bill reported without amendment; report adopted.







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