Page 3538 - Week 12 - Thursday, 20 September 1990
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COMMERCIAL ARBITRATION (AMENDMENT) BILL 1990
Debate resumed from 12 September, on motion by Mr Collaery:
That this Bill be agreed to in principle.
MR CONNOLLY (12.02): Mr Speaker, the Opposition supports this Bill. Unfortunately, we are not able to say that this is an historic day for law reform or another milestone in the process of reforming ACT law. This is a minor black letter amendment to the law made necessary because the Federal Government, which retains legislative control over the superior courts, has implemented an ordinance which vests the jurisdiction for commercial arbitration in the Supreme Court by virtue of that ordinance rather than depending upon New South Wales law.
Commercial arbitration, of course, is often seen as an attractive alternative to the conventional form of superior court litigation. It is increasing in importance, as is alternative dispute resolution. This Bill is a mere machinery provision which tidies up the ACT statute books to make way for the Commonwealth Government initiative. In that sense it has the full support of the Opposition. There is little more to say on the Bill.
DR KINLOCH (12.03): Mr Speaker, may I be naughty and first congratulate you and your staff on printing the daily program in green - a most timely gesture on your part.
Mr Duby: It is always in green.
DR KINLOCH: I realise that. I now move on to the Commercial Arbitration (Amendment) Bill 1990. Mr Speaker, this is a minor Bill in terms of its content, but it is a further step towards cutting our ties with residual laws that apply in the ACT. By this I mean the gradual removal from our statute books of the effects of some old laws of New South Wales which continue to apply in those areas not covered by laws introduced by the Commonwealth when it had responsibility for the administration of the Australian Capital Territory.
By the way, thinking of the term "New South Wales", I wish that State would dream up a new term for itself. It is a very old-fashioned name. They really ought to think up a new name altogether.
This Bill repeals the Arbitration Act 1902 of New South Wales as it applies in the ACT, and makes other minor consequential amendments. When repealing statutes it is, of course, necessary in some cases to save the effects of some matters which are still in the legal proceedings stage. A saving provision is also required where an arbitration order has been made and its terms still require application.
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