Page 3539 - Week 12 - Thursday, 20 September 1990
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Clause 4 of the Bill provides a transitional provision in relation to the protection of arbitration proceedings and orders made before the commencement of this minor piece of legislation.
I understand that our colleagues in the Federal Parliament do not necessarily regard us as colleagues and fellow members of the Commonwealth Parliamentary Association. I deeply regret that and I have written to Mr David Simmons asking him to join me for breakfast to explain why he does not regard us as equal members of the Commonwealth Parliamentary Association.
Our colleagues in the Federal Parliament still have control over legislation which affects the ACT Supreme Court and consequently the Commonwealth has made the Supreme Court (Arbitration) Ordinance 1990 to allow the Supreme Court to make rules for referral of matters to arbitration. Reference is made to that ordinance in clause 2 of the Bill.
Commercial arbitration, I understand, is a growth industry, and I am advised that the former secretary of the Commonwealth Attorney-General's Department, Mr Pat Brazil, AO, is a driving force for the local chapter of arbitrators. Commercial arbitration offers a speedy and less expensive adjunct to extended court proceedings. It is not a free service, but it is becoming more acceptable to commercial clients who might otherwise be obliged to retain senior legal counsel for more extended periods during court hearings in a dispute over a commercial matter. So I support the Bill, Mr Speaker, and although it is only a minor Bill I am pleased to see such legislation coming before the Legislative Assembly, also with the support from the Opposition.
MR COLLAERY (Attorney-General) (12.07), in reply: I thank Mr Connolly for his apt comments and Dr Kinloch for his support. The purpose of this Bill, just to shortly remind the house, is to remove the residual effects of the New South Wales Arbitration Act 1902 as it applies in the Australian Capital Territory.
Mr Speaker, in conjunction with the Commonwealth Government, the ACT Government wants to facilitate reforms in the area of commercial arbitration as an adjunct to court proceedings. I was very pleased to attend a trade law conference a couple of weekends ago at the invitation of the Federal Attorney-General, Mr Duffy, and there are clear moves in this country to provide commercial arbitration within our region, and certainly on a world scale.
It is my fond hope that the efforts of Mr Pat Brazil, referred to by Dr Kinloch, and the efforts of Sir Lawrence Street in Sydney, who is a driving force in Sydney in this area of commercial arbitration and arbitration generally,
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