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Tuesday, 23 June 1903


Mr CONROY (Werriwa) - I hope that the Attorney-General will consent to the amendment proposed. I would point out that the honorable and learned member for Bendigo and the honorable and learned member for Corinella both urged the same objections to this paragraph that are now being put forward by the honorable and learned member for South Australia, Mr. Glynn. I am sure that the Committee desire to prevent the possibility of the expense to litigants being increased. Let me invite the attention of honorable members to what would occur if an action under this clause arose in Western Australia, and required to be determined at once. In such a contingency, the High Court would have to go to Western Australia or the litigants would have to come here. In either case there would be unnecessary expense. Personally, I think that when we come to discuss the appellate clauses of the Bill we can well allow any Court to determine matters such as those which are mentioned in paragraph (b). Then, if the Commonwealth is dissatisfied with any decision in which it is interested, it has the right of appeal from the State Supreme Court to the High Court. Thus the whole difficulty would be solved. I trust that what was the evident desire of those honorable and learned members, who had looked into this question, will be followed.







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