BANKS’ ACTION IN AUSTRALIA

Press, Volume LXXXIII, Issue 25345, 19 November 1947, Page 6

BANKS’ ACTION IN AUSTRALIA

Court Application Unprecedented hearing to-day (N.Z. Press Association—Copyright} (Rec. 7 p.m.) SYDNEY, Novembe-11 The legal action taken yesterday b, the trading banks in issuing, a High Court writ to restram the commonwealth Government from, acting under the Banking Bill if it is passed by parliament is said to be unpreced<Legai authorities say that there is no other example either in British or Australian judicial records of an at. tempt to obtain an injunction against a bill before it has become law. S Bankers explain that the object ot the move is to forestall any possible attempt by the Federal Government to implement its legislation so quickly that it might be too late to test the validity of the act in the High Court Under the “guillotine schedule U» Banking Bill will be through ths House of Representatives by Wednesday night It will then go to the Senate as an urgent measure. There are only three non-Labour Senators. Once the bill has received the Gov-ernor-General’s assent, according fo the Leader of the Opposition (Mr R. G Menzies) the Government coul« obliterate the private banks within an hour or two. Though the Prime Minister (Mr Chifley) and the Actiiig-Attonxy. General (Senator R. McKenna) con. ferred last night on the banks' neither would comment. High Court Hearing Sir William Webb, president of the International Military Tribunal Japan, who flew from Tokyo last week at Mr Chifley's request, arrived InM ney yesterday and will be sworn a High Court Judge to-day. Lawyers watching the interests < the parties when tne High Court'ktgins the hearing tq-morrow will fo. elude at least six King’s Counsel. The Australian banks will have five counsel. the English banks three, and the Cr”wn three. Mr Justice Dixon, who win hear th« application for an injunction, may consider the case important enough to be referred to the full bench of the Hkh Court. In that case seven Judge® would probably hear it. Details of the banks’ Court action were telephoned to Mr Chifley and Senator McKenna by the SolicitorGeneral (Professor K. M. Bailey) who is handling banking legislation detaih for the Commonwealth in Sydney. Senator McKenna then said that the Commonwealth would oppose the banks’ action. Statements at Canberra In Canberra, the Government is expected to endeavour this week to offset the attack made on the High Court last Friday by the Speaker of the House of Representatives (Mr J. S. Rosevear). Many Labour members are concerned at the timing of the attack and believe that it has intensified the feeling against the Government's banking measure. Mr Chifley or Senator McKenna is expected to deny unequivocally in Parliament the claims by the Opposition that the Government might use the Federal Court of Claims as an indirect means of "packing” the High Court. In reply to a statement by Mr P. C. Spender that the Government was determined, if it could, to pack the High Court with Judges who would support all the acts of the Labour Government, Mr Chifley said: "Our record is the appointment of one Judge to the High Court in six years as a Government. Mr Spenderir is a wild statement without the slightest foundation in fact, and is on a par with many other irresponsible Statements of the moment.”