Hearing Was Longest On Record

Otago Daily Times, Issue 26848, 12 August 1948, Page 5

Hearing Was Longest On Record

The High Court judgment in the banking case is the climax to a Dolitical and legal battle which has been raging since August 18 of last year, when Mr Chifley issued a 42word statement announcing the Government’s intention to nationalise all private banks. This annoucement, which for many weeks Mr Chifley refused to expand, provoked violent public reaction.

The Banking Bill, Providing for the nationalisation of the banks, was introduced into the House of Representatives on October 16, and after weeks of debate was passed through Parliament. The Bill was one of the main issues on which the Victorian State election was fought last year. Then' the legal battle began. The States of Victoria, Sou*h Australia, and West Australia and 11 private banks applied to the High Court on November 20 for an injunction restraining the Government from implementing the Bill. The hearing began on February 28 before a full bench of six judges, comprising the Chief Justice, Sir John Latham, and Justices Sir George Rich, Sir H. E. Starke, Sir Owen Dixon, Mr D. McTiernan and Mr E. A. Williams. It lasted 39 da vs and attracted the most notable array of legal talent ever seen in an Australian court. Twenty-seven counsel, including 10 King’s Counsel, were briefed.

The Attorney-general, Dr H. V. Evatt, led for the Commonwealth, and Mr G. E. Barwick, K.C., for the Australian-owned private banks. Dr Evatt spoke for 17 days, using 700,000 words. The transcript of the case contains 1,350,000 words, and legal costs are estimated at £ 75,000. The case also broke the record for the longest hearing of a case before the Full Bench of the court. The previous record was 30 days and was held by the tramways case in 1910. ,