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Thursday, 14 December 1905

Mr GLYNN (Angas) - I think that the clause will make some difference, because if discretion is vested in the Court, the result will probably be that where facts only are involved they may dispense with counsel, and that where matters of law are likely to arise they will permit them to appear. I should like to ask the Minister whether he is quite sure that the question of allowing counsel to appear can be determined before the Court actually sits. It would be unfortunate if the parties did not know beforehand that counsel would be permitted to appear on their behalf. The poor litigant would save nothing if he briefed counsel before the Court sat, and then found that his legal representative could not appear for him.

Mr Groom - A regulation could be framed to meet that case.

Mr GLYNN - I do not know that it could ; but, at any rate, the matter should be considered. I do not think that an application can be made by a party to a Judge in chambers.

Mr Groom - The Justices have exercised jurisdiction in chambers, I think.

Mr GLYNN - It ought to be made clear that if counsel appears, a solicitor cannot appear upon the same side.

Mr Groom - Either counsel or solicitor can appear.

Mr GLYNN - Does the clause mean that when the solicitor commences a case, and counsel appears by permission of the Court, the costs of the solicitor are not allowed?

Mr Groom - I do not think so. Counsel only can appear in the Court.

Mr GLYNN - The clause appears ambiguous, and I think that we ought to remedy it.

Mr Groom - Its wording is exactly the same as the provision which is embodied in the Conciliation and Arbitration Act.

Mr GLYNN - If the Minister is satisfied with it, I have no further objections to offer.

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