Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Thursday, 25 June 1903


Mr ISAACS (Indi) - I do not think there is very much trouble to be apprehended under the clause as it stands, because of the saving words, " as is required." The court will not sit at any of the places at which there is a district registry, unless there is business that will require them to do so.


Mr HIGGINS - I can conceive that the Judges would feel constrained to sit at each place at which there is a district registry, and I think it would be much better to amend the clause in the manner I suggest. I therefore move -

That all the words after the word "time," line 2, be omitted, with a view to insert in lieu thereof the words "at such place as the GovernorGeneral may prescribe."

Mr. CONROY(Werriwa). - I think it would be advisable to make the clause as elastic as possible, because there is a good deal of force in the view taken by the honorable and learned member for Northern Melbourne. We may not be able to accommodate our Judges with any degree of comfort at the federal capital for some time to come, and yet it is required that the court shall be held from time to time at the principal seat of the court. I shall support the amendment. ,

Mr. ISAACS(Indi).- I would ask the honorable and learned member for Northern Melbourne whether the amendment would not be to some extent contradictory to what we have already done. In clause 10 it is provided that there shall be a principal registry of the High Court which shall be at the principal seat of the court. That is compulsory. It is also provided that there shall be district registries at the capitals of the States. Power is also to taken to appoint other places if necessary. If the whole of Australia is to bear the expense connected with the High Court, I think that it should be understood that the High Court is to sit in each capital at some time or other, if required. The matter should not be left in such an indefinite form that it might be considered sufficient if the Governor-General appointed the two larger capitals as the places of sitting for the court.







Suggest corrections