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Friday, 8 June 1928

Mr LATHAM (Kooyong) (AttorneyGeneral) . - This clause provides for the making of representative orders, and ought to save a great deal of expense in proceedings before the court, particularly to trade unions. It will dispense with the service of court papers upon large numbers of respondents, as is the practice at present. Honorable members will understand however that the clause does not remove the necessity for the service of a log. That must be continued, because our legislative power is limited to conciliation and. arbitration for the purpose of dealing with disputes, and a dispute must exist before it can be dealt with. But heretofore much expense has been involved by the necessity for serving the court papers in a case upon, in some instances, thousands of respondents. The suggested new procedure will save some unions hundreds of pounds in the course of a year.

Proposed sub-section 4 has a proviso to which objection has been taken by all parties interested. The procedure provided for is that an order may be made upon any representative respondents and that service upon those respondents shall be deemed to be services upon all the respondents. The principal act provides that any respondent who objects to being represented may apply for leave to appear separately. It is urged, and I think rightly, that every respondent should have a right to appear personally if he so desires. I therefore move -

That the proviso to proposed sub-section 4 be omitted with a view to insert in lieu thereof the following proviso - " Provided that the making of a representative order shall not prevent any person from appearing separately, if he so desires, in any proceedings relating to the matter before the court."

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