AGENT IN DISPUTE

New Zealand Herald, Volume LXXV, Issue 23027, 3 May 1938, Page 14

AGENT IN DISPUTE

APPEARANCE OF LAWiYER AGAINST USUAL PRACTICE COURT UPHOLDS OBJECTION [by TELEGRAPH —PRESS ASSOCIATION] WELLINGTON, Monday When a practising barrister and solicitor, who is also a union secretary, appeared as agent in the clerical workers' industrial dispute before the Second Court of Arbitration to-day, the objection was raised by the workers' agent, Mr. W. N. Pharazyn, that this was contrary to the practice of the Court. The objection was upheld by Mr. /Justice Hunter, who cited a. decision by Mr. Justice Chapman in 1904, which ruled out as an agent a non-practising solicitor. Jt was explained by the solicitor concerned that he bad been elected secretary of the Wellington Public Accountants' Association, an industrial union. He had not been briefed nor was he receiving any fees, but was in < Court to present the ease for the association for exemption from the claims for an award. Mr. Pharazvn pointed out that it was not the practice of the Court to allow members of the legal profession to act as agents. Mr. Justice Hunter cited the decision of Mr. Justice Chapman in 1904, in which a town clerk, who was a solicitor but not a practising solicitor, desired to appear in an industrial dispute. The Court ruled that it was contrary to practice, but that he could bo present to assist., His Honor added that the solicitor could appear in interpretations, enforcements and general matters, but not in a' dispute. The president of the union subsequently acted as agent.