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Friday, 20 July 1906


Mr FRAZER (Kalgoorlie) .- I move -

That the following new clause be inserted : - " 3. Section eighty-six of the Judiciary Act 1903 is amended by inserting after paragraph (g) the following paragraph : - (ga) Providing for the admission of persons to practice as barristers or solicitors in any Federal Court, and prescribing the conditions of and qualifications for admission, and continuance of the right to practice as aforesaid."

The section of the principal Act which I wish to amend provides that the Justices of the High Court, or a majority of them, may make rules not inconsistent with it for carrying it into effect, . and proceeds to particularize several matters, to which I wish to add that embodied in the amendment which I have just moved. At the present time, only practitioners who have been admitted by the Supreme Court of a State, may appear before the High Court.


Mr JOSEPH COOK (PARRAMATTA, NEW SOUTH WALES) - Can the honorable member point to a precedent in the United States or in Canada for what he proposes?


Mr FRAZER - I do not think it is necessary to do so. The Supreme Court of each State admits practitioners under certain conditions.


Mr Glynn - The conditions are laid down by Acts of Parliament.


Mr FRAZER - In many cases the regulations governing admission are framed by barristers' boards, whose members virtually exercise sole control of the matter. It seems tome that the High Court should be placed inthe same position as the Supreme Courts of the States, and be allowed to say under what conditions persons shall be allowed to plead before it. I am surprised that some provision of this kind was not put into the principal Act, when it was being framed, and regard it as unnecessary to say anything more to commend the acceptance of my amendment to the Committee.







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