DOCSLIB.ORG

Legal Costs: a Comparative Analysis of the Western Australian and New South Wales Regimes

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Legal Costs: a Comparative Analysis of the Western Australian and New South Wales Regimes THE ASSESSMENT OF DISPUTES ABOUT LEGAL COSTS: A COMPARATIVE ANALYSIS OF THE WESTERN AUSTRALIAN AND NEW SOUTH WALES REGIMES. Stephen Shaw (LLB) Thesis submitted in fulfilment of the requirements of the degree of Doctor of Philosophy School of Law Murdoch University Western Australia July 2013 Acknowledgements I wish to acknowledge the support of my wife Chris and my daughter Kelly, both of whom spent hours reading things and editing things they had no real interest in. My two supervisors deserve more credit than a university workload formula allows. I acknowledge Dr Kate Lewins, who read every word of this thesis at least three times; her patient corrections made what was too often a stream of consciousness into a semblance of academic discourse. I also acknowledge Dr Jaime Zander, who actually understands statistics, and who lent me that understanding so that my research could lead to some concrete conclusions. Without their gentle pushing and occasional kicks this thesis would have remained in my head and not found its way onto paper. I also wish to acknowledge the help and support of the staff from the Supreme Court of Western Australia and the Costs Assessment Scheme in New South Wales. In particular I thank Ramon Loyola, who was kindness personified during my visits to New South Wales. I also specifically thank the librarians in the Supreme Court of Western Australia for allowing me a work space that kept me safe from students. Lastly, I wish to thank David Garnsworthy, Western Australia‘s most well-known costing specialist. This thesis and my abiding interest in the issues surrounding legal costs originate with him. i Declaration This thesis contains no material which has been accepted for the award of any other degree or diploma in any other university and, to the best of my knowledge or belief, contains no material previously published or written by another person, except when due reference is made in the text. ______________________________________ Stephen Shaw July 2013 iii Abstract All Australian jurisdictions provide mechanisms for assessing legal costs. Costs assessment is carried out in two circumstances. Clients who are dissatisfied with what their own lawyers have charged can have those charges assessed. When a court orders that a losing litigant pay the legal costs of the winning litigant those costs too can be assessed. Australian costs assessment mechanisms have been inherited from England, and the traditional model of costs assessment is an adversarial process operated by the courts. Western Australia has a costs assessment scheme that follows that traditional model. In contrast New South Wales abandoned the traditional model in 1994, adopting an administrative costs assessment scheme operating separately from the courts with practicing lawyers acting as costs assessors and paid as sub contractors to determine costs disputes. This thesis explores the costs assessment schemes of both jurisdictions. The traditional judicial process still used in Western Australia and the ‗reformed‘ administrative process that has been introduced in New South Wales are examined separately and in some detail. In particular, the thesis considers the various factors that led to the 1994 Reforms in New South Wales and investigates whether the Reforms have produced the results that were expected of them. The thesis then provides quantitative data from both jurisdictions and evaluates the performance of each against the other in the context of a range of different factors including the rates of return on disputed bills and the time each system takes to determine disputes. As a result of the analysis, the thesis agrees with the New South Wales Reforms that the judicial process, where adversarial contest is used to determine the truth about the parties‘ claims, is not well suited to disputes that are centred in the reasonableness of legal fees. For that and a range of other reasons the thesis concludes that the administrative model of costs assessment as adopted in New South Wales is better able to serve the interests of the various stakeholders. Nonetheless, the thesis notes that the stakeholders in the New South Wales costs assessment scheme consider it deficient and that a recent and thorough review of the scheme has made recommendations that, if adopted, will make profound changes to the way that legal costs are assessed in that state. v Contents ACKNOWLEDGEMENTS ........................................................................................................................................ I DECLARATION ...................................................................................................................................................... III ABSTRACT ................................................................................................................................................................ V LIST OF TABLES ................................................................................................................................................. XIII LIST OF FIGURES ............................................................................................................................................... XIII CHAPTER ONE: INTRODUCTION TO THE THESIS ........................................................................................ 1 1.1:OVERVIEW ........................................................................................................................................................... 1 1.2: INTRODUCTION TO THE THESIS............................................................................................................................ 2 1.2.1: The Law of Costs and Costs Assessments .................................................................................................. 2 1.2.2: The structure of the thesis .......................................................................................................................... 3 1. 3: THE LAW OF COSTS: A BRIEF HISTORY ................................................................................................................ 5 1.3.1: Costs as a creature of statute ..................................................................................................................... 6 1.3.2:The law of costs in Australia ....................................................................................................................... 6 1.3.3:Why have a law of costs? ............................................................................................................................ 7 1.3.4:The Assessment Process .............................................................................................................................. 8 1.3.4.1: Client/solicitor and solicitor/client costs .............................................................................................................. 8 1.3.4.2: Party/party costs ................................................................................................................................................... 9 1.3.5: Costs: the default position ....................................................................................................................... 11 1.3.6: Contracting out of the default position .................................................................................................... 12 1.4: THE SCOPE OF THIS THESIS ............................................................................................................................... 13 1.5: THE PURPOSE OF THIS THESIS ............................................................................................................................ 14 1.5.1: Did the 1994 Reforms achieve their intended outcomes? ........................................................................ 14 1.5.2: Which of the two costs assessment regimes provides the most advantages to the jurisdiction‟s courts? 15 1.5.3: What are the unintended benefits of the 1994 Reforms? .......................................................................... 15 1.6: HOW WILL THE THESIS ACHIEVE ITS PURPOSE? ................................................................................................. 15 Table 1.1: Historical timeline of costs assessment ............................................................................................... 17 CHAPTER TWO: ASSESSMENT OF COSTS IN WESTERN AUSTRALIA- A BRIEF HISTORY .............. 19 2.1: OVERVIEW ........................................................................................................................................................ 19 2.2: THE EARLY YEARS ............................................................................................................................................ 19 2.3: THE WINDS OF CHANGE: THE CLARKSON COMMITTEE 1979-1983 ................................................................... 24 2.4: THE REVIEW OF THE CRIMINAL AND CIVIL JUSTICE SYSTEM IN WESTERN AUSTRALIA ................................... 28 2.4.1: The LRCWA‟s views on costs assessment and related issues .................................................................. 28 2.4.2: The time frame for seeking assessment. ................................................................................................... 29 2.4.3: Solicitor initiated assessment ................................................................................................................... 30 2.4.4: „One more such success
Load more

Recommended publications
  • The Political Career of Senator Paddy Lynch (1867-1944)
    With an Olive Branch and a Shillelagh: the Political Career of Senator Paddy Lynch (1867-1944) by Danny Cusack M.A. Presented for the degree of Doctor of Philosophy of Murdoch University December 2002 I declare that this thesis is my own account of my research and contains as its main content work which has not been previously submitted for a degree at any tertiary education institution. ……..…………………………… Danny Cusack ABSTRACT As a loyal Empire man and ardent conscriptionist, Irish-born Senator Paddy Lynch swam against the prevailing Irish Catholic Labor political current. He was one of those MP’s who followed Prime Minister W.M. Hughes out of the Federal Labor caucus in November 1916, serving out the rest of his political career in the Nationalist ranks. On the face of things, he represents something of a contradiction. A close examination of Lynch’s youth in Ireland, his early years in Australia and his subsequent parliamentary career helps us to resolve this apparent paradox. It also enables us to build up a picture of Lynch the man and to explain his political odyssey. He emerges as representative of that early generation of conservative Laborites (notably J.C. Watson, W.G. Spence and George Pearce) who, once they had achieved their immediate goals of reform, saw their subsequent role as defending the prevailing social order. Like many of these men, Lynch’s commitment to the labour movement’s principles of solidarity and collective endeavour co-existed with a desire for material self-advancement. More fundamentally, when Lynch accumulated property and was eventually able to take up the occupation which he had known in Ireland – farming – his evolving class interest inevitably occasioned a change in political outlook.
    [Show full text]
  • EAST METROPOLITAN REGION Group a - Independent - LARSEN
    2021 WA Election – Legislative Council Tickets EAST METROPOLITAN REGION Group A - Independent - LARSEN Grp/Order Candidate Party 1 A 1 David Wayne Larsen Independent 2 A 2 Brian Brightman Independent 3 S 1 Hayley Doan Independent 4 T 1 Peter Lyndon-James Independent 5 R 1 Charles Smith Western Australian Party 6 R 2 James Anthony Western Australian Party 7 B 1 Brian Walker Legalise Cannabis WA 8 B 2 Karl Reinmuth Legalise Cannabis WA 9 C 1 Lidia Skorokhod Health Australia Party 10 C 2 Lisa Rowe Health Australia Party 11 D 1 Trevor Ruwoldt Shooters Fishers Farmers 12 D 2 Coby Thomas Shooters Fishers Farmers 13 E 1 Benny Tilbury Great Australian Party 14 E 2 Bradley Ward Great Australian Party 15 F 1 James McManus Daylight Saving Party 16 F 2 Mark Bradley Daylight Saving Party 17 H 1 Dale Grillo One Nation 18 H 2 Tim Orr One Nation 19 I 1 Patricia Ayre No Mandatory Vaccination 20 I 2 Daniel Hall No Mandatory Vaccination 21 J 1 Satinder Samra WAXit Party 22 J 2 Robin Singh WAXit Party 23 J 3 Monty Singh WAXit Party 24 K 1 Marilyn Lottering Liberals for Climate 25 K 2 R Smith Liberals for Climate 26 L 1 Amanda Dorn Animal Justice 27 L 2 Nicole Arielli Animal Justice 28 M 1 Craig Buchanan Liberal Democrats 29 M 2 Neil Hamilton Liberal Democrats 30 N 1 Maryka Groenewald Australian Christian 31 N 2 Jamie Van Burgel Australian Christian 32 O 1 Donna Faragher Liberal Party 33 O 2 Phil Twiss Liberal Party 34 O 3 Greg Halls Liberal Party 35 O 4 Daniel Newman Liberal Party 36 O 5 Jeremy Quinn Liberal Party 37 P 1 Tim Clifford The Greens 38 P 2 Caroline
    [Show full text]
  • Sir Joseph Carruthers in the History of Australian Liberalism
    University of Wollongong Research Online University of Wollongong Thesis Collection 1954-2016 University of Wollongong Thesis Collections 2016 Sir Joseph Carruthers in the history of Australian liberalism Zachary Kevin Kearney Gorman University of Wollongong Follow this and additional works at: https://ro.uow.edu.au/theses University of Wollongong Copyright Warning You may print or download ONE copy of this document for the purpose of your own research or study. The University does not authorise you to copy, communicate or otherwise make available electronically to any other person any copyright material contained on this site. You are reminded of the following: This work is copyright. Apart from any use permitted under the Copyright Act 1968, no part of this work may be reproduced by any process, nor may any other exclusive right be exercised, without the permission of the author. Copyright owners are entitled to take legal action against persons who infringe their copyright. A reproduction of material that is protected by copyright may be a copyright infringement. A court may impose penalties and award damages in relation to offences and infringements relating to copyright material. Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form. Unless otherwise indicated, the views expressed in this thesis are those of the author and do not necessarily represent the views of the University of Wollongong. Recommended Citation Gorman, Zachary Kevin Kearney, Sir Joseph Carruthers in the history of Australian liberalism, Doctor of Philosophy thesis, School of Humanities and Social Inquiry, University of Wollongong, 2016.
    [Show full text]
  • Kenneth Slessor Science, Sex and Mr
    ESTERLY stories poems reviews articles Collage-Principle in Recent Australian Writing Kenneth Slessor Science, Sex and Mr. Wells Singapore Writing in English The Mysterious Fate of the "Aagtekerke" a quarterly revi ew price two dollars registered at gpo perth fo r transmi ssion by post as a peri odical Category' B' PATTERNS VOL4 n03 Fremantle Arts Centre poetry magazine published three times a year by the Fremantle Arts Centre with the assistance of the Literature Board of the Australia Council and with support from the Western Austral ian Literary Fund Now in its fourth year, PATTERNS publishes work from all over Australia and from New Zealand. It particularly welcomes work from Western Australian poets. The Winter 1978 number just published includes writing by Thomas Shapcott, Graeme Hetherington and Hal Colebatch Single copy $150 (postage 30c) annual subscription $540 including postage order from Fremantle Arts Centre 1 Finnerty St Fremantle 6160 WESTERLY a quarterly review EDITORS: Bruce Bennett and Peter Cowan EDITORIAL ADVISORS: Margot Luke, Fay Zwicky CONSULTANTS: Alan Alexander, Swami Anand Haridas (Harry Aveling) Westerly is published quarterly by the English Department, University of Western Australia, with assistance from the Literature Board of the Ausb'alia Council and the Western Australian Literary Fund. The opinions expressed in Westerly are those of individual contributors and not of the Editors or Editorial Advisors. Correspondence should be addressed to the Editors, Westerly, Department of English, University of Western Australia, Nedlands, Western Australia 6009 (telephone 3803838). Unsolicited manuscripts not accompanied by a stamped self-addressed envelope will not be returned. All manuscripts must show the name and address of the sender and should be typed (double-spaced) on one side of the paper only.
    [Show full text]
  • Debating a Tiger Cub: the Anti-Socialist Campaign
    Zachary Gorman 309221250 p1. Debating a Tiger Cub: The Anti-Socialist Campaign ‘This animal is not so fierce as he looks: the Socialist Tiger’ portrayed in the Bulletin, Dixson Library, State Library of New South Wales. Zachary Gorman A thesis submitted in partial fulfilment of the requirements for the degree of BA (Hons) in History, University of Sydney October 2012 1 Zachary Gorman 309221250 p2. Abstract The anti-socialist campaign was a key moment in Australian history that established the ideological discourse of Australian politics. This thesis will provide the first stand-alone narrative and analytical account of the campaign. It will examine the role the campaign played in the evolution of Australian politics from policy based groupings to permanent ideological parties. It will also analyse the ideological legacy of the campaign for Australian liberalism, as well as looking at the way that the campaign contributed to the development of an Australian national media. Table of Contents Introduction 3 Chapter One: ‘The Three Elevens’, Context and Causation 8 Chapter 2: ‘Raising the Banner’, the 1905 Campaign 17 Chapter 3: ‘An Absolute Majority’, the 1906 Campaign 36 Chapter 4: ‘Liberal Settlement’, Results and Legacy of the Anti-Socialist Campaign 57 Conclusion 67 2 Zachary Gorman 309221250 p3. Introduction When Australia held its first federal election in 1901, three parties emerged to become the main antagonists of the new parliament. These parties were the Protectionist Party, the Free-Trade Party and the smaller but substantial Labor Party. Apart from Labor, the parties of the first parliament were not formed around a universal ideology, but around an attitude towards a single issue.
    [Show full text]
  • A Centenary of Achievement National Party of Australia 1920-2020
    Milestone A Centenary of Achievement National Party of Australia 1920-2020 Paul Davey Milestone: A Centenary of Achievement © Paul Davey 2020 First published 2020 Published by National Party of Australia, John McEwen House, 7 National Circuit, Bar- ton, ACT 2600. Printed by Homestead Press Pty Ltd 3 Paterson Parade, Queanbeyan NSW 2620 ph 02 6299 4500 email <[email protected]> Cover design and layout by Cecile Ferguson <[email protected]> This work is copyright. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission. Enquiries should be addressed to the author by email to <[email protected]> or to the National Party of Australia at <[email protected]> Author: Davey, Paul Title: Milestone/A Centenary of Achievement – National Party of Australia 1920-2020 Edition: 1st ed ISBN: 978-0-6486515-1-2 (pbk) Subjects: Australian Country Party 1920-1975 National Country Party of Australia 1975-1982 National Party of Australia 1982- Australia – Politics and government 20th century Australia – Politics and government – 2001- Published with the support of John McEwen House Pty Ltd, Canberra Printed on 100 per cent recycled paper ii Milestone: A Centenary of Achievement “Having put our hands to the wheel, we set the course of our voyage. … We have not entered upon this course without the most grave consideration.” (William McWilliams on the formation of the Australian Country Party, Commonwealth Parliamentary Debates, 10 March 1920, p. 250) “We conceive our role as a dual one of being at all times the specialist party with a sharp fighting edge, the specialists for rural industries and rural communities.
    [Show full text]
  • PARTY RULES? Dilemmas of Political Party Regulation in Australia
    PARTY RULES? Dilemmas of political party regulation in Australia PARTY RULES? Dilemmas of political party regulation in Australia Edited by Anika Gauja and Marian Sawer Published by ANU Press The Australian National University Acton ACT 2601, Australia Email: [email protected] This title is also available online at press.anu.edu.au National Library of Australia Cataloguing-in-Publication entry Title: Party rules? : dilemmas of political party regulation in Australia / editors: Anika Gauja, Marian Sawer. ISBN: 9781760460761 (paperback) 9781760460778 (ebook) Subjects: Political parties--Australia. Political parties--Law and legislation--Australia. Political participation--Australia. Australia--Politics and government. Other Creators/Contributors: Gauja, Anika, editor. Sawer, Marian, 1946- editor. Dewey Number: 324.2994 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design and layout by ANU Press. This edition © 2016 ANU Press Contents Figures . vii Tables . ix Abbreviations . xi Acknowledgements . xiii Contributors . xv 1 . Party rules: Promises and pitfalls . 1 Marian Sawer and Anika Gauja 2 . Resisting legal recognition and regulation: Australian parties as rational actors? . 37 Sarah John 3 . Party registration and political participation: Regulating small and ‘micro’ parties . .73 Norm Kelly 4 . Who gets what, when and how: The politics of resource allocation to parliamentary parties . 101 Yvonne Murphy 5 . Putting the cartel before the house? Public funding of parties in Queensland . 123 Graeme Orr 6 . More regulated, more level? Assessing the impact of spending and donation caps on Australian State elections .
    [Show full text]
  • Federal Election Results 1901–2016
    RESEARCH PAPER SERIES, 2016–17 31 MARCH 2017 Federal election results 1901–2016 Stephen Barber Statistics and Mapping Section Executive summary During the period 1901 to 2016, there have been 45 general elections for the House of Representatives and 43 Senate elections. This paper contains a brief commentary on each election along with statistical summary information and results for each state and territory at each election. Contents Executive summary ..................................................................................... 1 Election dates .............................................................................................. 2 Introduction ................................................................................................ 3 Statistical highlights of the elections ............................................................ 4 Comments on individual elections ................................................................ 5 Tables ........................................................................................................15 Party abbreviations and symbols ..................................................................... 15 Detailed results: House of Representatives ..................................................... 16 Detailed results: Senate .................................................................................... 61 State summaries: House of Representatives .................................................. 103 State summaries: Senate ...............................................................................
    [Show full text]
  • Short Report
    AUSTRALIAN EPHEMERA COLLECTION FINDING AID FORMED COLLECTION FEDERAL ELECTION CAMPAIGNS, 1901-2016 PRINTED AUSTRALIANA JULY 2018 The Library has been actively collecting Federal election campaign ephemera for many years. ACCESS The Australian Federal Elections ephemera may requested by eCall-slip and used through the Library’s Special Collections Reading Room. Readers are able to request files relating to a specific election year. Please note: . 1901-1913 election material all in one box . 1914-1917 election material all in one box OTHER COLLECTIONS See also the collection of related broadsides and posters, and within the PANDORA archive. See also ‘Referenda’ in the general ephemera run. CONTENT AND ARRANGEMENT OF THE COLLECTION 1901 29-30 March see also digitised newspaper reports and coverage from the period 1903 16 December see also digitised newspaper reports and coverage from the period 1906 12 December see also digitised newspaper reports and coverage from the period 1910 13 April see also digitised newspaper reports and coverage from the period Folder 1. Australian Labour Party Folder 2. Liberal Party 1913 31 May see also digitised newspaper reports and coverage from the period Folder 1. Australian Labor Party Folder 2. Liberal Party Folder 3. Other candidates 1914 ― 5 September (double dissolution) see also digitised newspaper reports and coverage from the period Folder 1. Australian Labor Party Folder 2. Liberal Party 1917 5 May see also digitised newspaper reports and coverage from the period Folder 1. Australian Labor Party Folder 2. National Party Folder 3. Other candidates 1919 13 December see also digitised newspaper reports and coverage from the period Folder 1.
    [Show full text]
  • History Brochure.Indd
    Driving Australia’s development since 1920 By Paul Davey DRIVING AUSTRALIA'S DEVELOPMENT SINCE 1920 ORIGINS elections would be held. McWilliams relinquished the leadership Country parties began to be established in the States from to the NSW Member for Cowper, Earle Christmas Grafton Page, 1913 and by 1920 were operating in Queensland, New South on 5 April 1921. Wales, Victoria, South Australia and Western Australia. Their The Australian Country Party (ACP) campaigned in its own primary objective was to fight for greater recognition by State right for the 16 December 1922 election, winning 14 seats and governments of the needs of primary producers and people living holding the balance of power. The Party has been represented in and working beyond the capital cities – the country ‘townsman’. the Commonwealth Parliament ever since. That objective remains central to the policy priorities of today’s National Parties at State and Commonwealth levels. THE IMPORTANCE OF INDEPENDENCE The Nationals are the only political organisation in Australia Since its formation, the ACP and contemporary National Party that exclusively works for the interests of country and regional of Australia (NPA) has been the subject of many attempts to Australia. While other major parties can claim significant non- merge or amalgamate with other non-Labor organisations – the metropolitan representationin Parliament, they are dominated Nationalists, United Australia Party (UAP) and Liberal Party of by city interests. This is not the case with The Nationals, whose Australia (LP). members overwhelmingly live beyond the capitals. However, the primary objective of forming the CP, federally and in the States, was to be FEDERAL PARTY separate from the main political At the Commonwealth level, By far the Party’s parties of the day.
    [Show full text]
  • Australian Conservatism Essays in Twentieth Century Political History
    Australian Conservatism Essays in Twentieth Century Political History Cameron Hazlehurst, Editor This book was published by ANU Press between 1965–1991. This republication is part of the digitisation project being carried out by Scholarly Information Services/Library and ANU Press. This project aims to make past scholarly works published by The Australian National University available to a global audience under its open-access policy. Australian Conservatism Essays in Twentieth Century Political History Cameron Hazlehurst, Editor Australian National University Press, Canberra, Australia, London, Great Britain and Norwalk, Conn., USA 1979 First published in Australia 1979 Printed in Australia for the Australian National University Press, Canberra © 1979 Cameron Hazlehurst and the several authors, each in respect of the paper contributed by him; for the full list of the names of such copy­ right owners and the papers in respect of which they are the copyright owners see the Table of Contents at pp. v-vi of this Volume. National Library of Australia Cataloguing-in-Publication entry Australian conservatism. Index ISBN 0 7081 1359 1 1. Conservatism — Australia — History — 20th century — Addresses, essays, lectures. I. Hazlehurst, Cameron, 1941-, ed. 320.52’0994 Library of Congress No. 78-74664 United Kingdom, Europe, Middle East, and Africa'. Eurospan Ltd, 3 Henrietta St, London WC2E 8LU, England North America: Books Australia, Norwalk, Conn., USA Southeast Asia: Angus & Robertson (S.E. Asia) Pty Ltd, Singapore Japan-. United Publishers Services
    [Show full text]
  • Submitted in Requirement for the Degree of Master of Arts by G.E
    Submitted in requirement for the Degree of Master of Arts by G.E. Sherington THE SELECTION OF THE CAPITAL SITE IN FEDERAL POLITICS 1901-1909 University of New South Wales June, 19 69 This is to certify that this work has not been submitted in any form to any other higher degree institution. 4, t ■ & TABLE OF CONTENTS Page SUMMARY i ACKNOWLEDGMENTS ii ABBREVIATIONS AND NOTES iii LIST OF MAPS, TABLES AND PHOTOS v INTRODUCTION vii CHAPTER ONE - THE CONSTITUTIONAL FRAMEWORK Introduction 1 The Question of Sovereignty 3 The Location of the Site 4 The Temporary Seat of Government 5 Conclusion 10 CHAPTER TWO - THE FIRST PARLIAMENT Introduction 11 Oliver’s Report 13 The 1901 Election 17 Early Hopes for a Settlement 22 Parliamentarians on Tour 29 The Royal Commission 37 Cries from the Provinces 47 The Ballot 53 Conclusion 70 Appendix I 75 Appendix II 82 Appendix III 89 Page CHAPTER THREE - THE SECOND PARLIAMENT Introduction 91 The 1903 Election 92 The Selection of Dalgety 100 The Role of an Individual 122 Carruthers Raises Objections 125 The Failure of a Compromise 139 New Sites 149 Conclusion 156 Appendix I 159 Appendix II 160 CHAPTER FOUR - THE THIRD PARLIAMENT Introduction 161 The 1906 Election 164 Consideration of Canberra 169 The 1907 New South Wales Election 174 Moves Towards a Settlement 177 The Final Ballot - The Selection of Yass-Canberra 190 The 1908 Seat of Government Bill 216 Epilogue - The Choice of Canberra 221 Conclusion 231 Appendix I 233 Appendix II 244 CONCLUSION 245 BIBLIOGRAPHY 250 SUMMARY The question of where to locate the Australian capital was essentially a political problem which plagued not only the founders of the Commonwealth but also their inheritors in the federal Parlia­ ment.
    [Show full text]