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Wednesday, 22 August 1906

Question - That the word proposed to be left out be left out - put. The Committee divided.

DIVISION:NOES 17 (10 majority) AYES 7 PAIRS 0
AYESNOESPAIRS

Majority

 

10

AYES

 

NOES

 

Question so resolved in the negative. Amendment negatived. Clause agreed to. Clause 3 -

Section 86 of the Judiciary Act 1903 is amended by inserting after paragraph g the following paragraph: "[g.a) Providing for the admission of persons to practise as barristers or solicitors in any Federal Court, and prescribing the conditions of and qualifications for admission and continuance of the right to practise as aforesaid."

Senator Lt.-Col.GOULD (New South Wales) [10.6]. - I should like to hear reasons for the insertion of this clause. As matters now stand, I understand that any person who has been admitted to either branch of the legal profession can be enrolled, if he chooses to make application, as a person competent to practise before the High Court. Before a man is placed in a position to practise as a barrister or a solicitor in a State, he not only has to pass examinations, but also to produce a certificate as to character and respectability. It appears to me that those qualifications are sufficient to protect the Federal Court from having undesirable practitioners before it. If a solicitor were struck off the rolls, or a barrister were disbarred, that would be a reason for his disqualification to practise before the High Court. I should like to hear the reasons which have induced the Government to insert this clause.







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