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Saturday, 9 June 1928


Mr MAXWELL (Fawkner) .- The more I consider this clause the more unnecessary it seems to he. It appears to cast a reflection on the court. We give the Federal court power under paragraph h of section 38 to refer a matter to a State court, if it seems to the court to be desirable that it should be dealt with by a State tribunal. This clause seems to be a reflection on the court, because one ought to assume that if the court thought it desirable to refrain from dealing with the matter, or to refer it to a State court, it would do so as a matter of duty. If we require the court to determine whether it is more desirable to hear a case in the Federal than in a State court, it will open up a tremendous field of discussion.


Mr Latham - But the honorable member says that that field of discussion might be opened up in every case under the existing powers.


Mr MAXWELL - I suppose that it would be under paragraph h of section 38; but we ought to leave the matter at that.

Amendment agreed to.







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