Editors --- "Areas of law under review" [1996] ALRCRefJl 22; (1996) 69 Australian Law Reform Commission Reform Journal 55

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ALRC Reform 69

AREAS OF LAW UNDER REVIEW
compiled by Joanna Longley

Aborigines
QCJC

• Aboriginal witnesses - WIH on a research project on the problems Aboriginal people encounter as witnesses in Queensland's criminal courts. A report is expected in June 1996

Acquittals see Criminal Law

Administrative Law
ALRC

• Review of the adversarial system of litigation - WIH on the administrative and civil aspects of this reference

Nova Scotia LRC

• Agencies, boards and commissions: the administrative justice system in Nova Scotia, 1996 (DP)

Adoption see also Family Law
NSWLRC

• Review of the Adoption of Children Act 1965 - WIH on a report due June 1996

Adversarial System see also Litigation
ALRC

• Review of the adversarial system of litigation - WIH on the administrative and civil aspects of this reference

Alternative Dispute Resolution
NTLRC

• Mediation and the Criminal Justice System, 1996 (Report 17(a)) - The report has been adopted by the Committee and will shortly be published. It is the first of 4 intended reports concerning the need for changes in the NT to accommodate alternative dispute resolution methods into the legal system

Bail
ILRC

• An examination of the law of bail, 1995 (Report50)

Banking Law see Bills of Exchange

Bills of Exchange
SALC

• Report on the investigation into the payments system in South African law, 1994 (Project 50)

Building Law
WALRC

• Discussion paper on financial protection in the building and construction industry, 1995 (Project82) - Comments on the DP now being considered

Burglary see also Criminal Law
QCJC

• Residential burglary in Queensland, 1996 (RPVol 3(1))

Cemeteries
Manitoba LRC

• Reselling unused cemetery plots, 1995 (Report88)

Children and Young Persons
ALRC & HREOC

• Speaking for ourselves: children and the legal process, 1996 (ALRC IP 17 & IP 18) - Focus groups of young people have been established and meetings with these groups are being held. Public hearings are being conducted during May and July and a survey has been prepared and distributed to school children and selected community groups

Fam

• Children's representatives - WIH on the final stages of this project. The report is due mid-1996
• Child and family services - WIH on examining the interaction between family law and other child and family legislation

NSWLRC

• Review of the Adoption of Children Act 1965 - WIH on a report due June 1996

QLRC

• Consent to medical treatment for young people - WIH on the final report which is due for release in June 1996

VicAGLRAC

• Supreme Court Act 1986 s 48-51 (Vic) - WIH on a reference relating to contracts with minors. A report is to be received from Mr John Middleton QC (Project No22)

Class Actions
VicAGLRAC

• Representative proceedings - A report relating to changes in representative actions has been received and is under consideration (Project No16)

Company Directors see also Corporations
Vic LRC

• Curbing the phoenix company: third report on the law relating to directors and managers of insolvent corporations, 1995

Company Law see Corporations

Complaints Against Police see Police

Constitutional Law
NT Sessional Committee on Constitutional Development

• Constitutional development - 9 DPs, an interim report and an Exposure Draft have been produced so far by the Committee - WIH

Contingency fees
SALC

• Speculative and contingency fees, 1996 (WP 63, Project 93)

Contracts
VicAGLRAC

• Supreme Court Act 1986 s 48-51 (Vic) - WIH on a reference relating to contracts with minors. A report is to be received from Mr John Middleton QC (Project No22)

Scot Law Com

• Report on three bad rules in contract law, 1996 (Scot Law Com152)

Copyright
Copyright Law Review Committee

• Copyright reform: a consideration of rationales, interests and objectives, 1996

Corporations
CASAC

• Continuous disclosure - WIH on a new reference dealing with the continuous disclosure provisions of the Corporations Law

CASAC Legal Committee

• Compulsory acquisitions report, 1996

Vic LRC

• Curbing the phoenix company: third report on the law relating to directors and managers of insolvent corporations, 1995

Courts
VicAGLRAC

• Time limits for oral argument in court - A Working Party chaired by Justice Hampel was formed in August 1994 to look at this subject - WIH (Project No 13)

ILRC

• Report on family courts, 1996 (LRC 52)

Covenants
WALRC

• Restrictive covenants - DP published July 1995. Comments being considered

Creditors
SALC

• Review of the law of insolvency: statutory provisions that benefit creditors, 1995 (WP 61, Project 63)

Criminal Investigation
QCJC

• Report on an inquiry conducted by Mr R Hanson QC into the alleged unauthorised dissemination of information concerning Operation Wallah, 1995

Criminal Justice
NSWLRC

• People with an intellectual disability and the criminal justice system: two rural courts, 1996 (RR 5) - WIH on a report due June 1996

NTLRC

• Mediation and the criminal justice system, 1996 (Report 17(a)) - The report has been adopted by the Committee and will shortly be published. It is the first of 4 intended reports concerning the need for changes in the NT to accommodate alternative dispute resolution methods into the legal system

QCJC

• Aboriginal witnesses - WIH on a research project on the problems Aboriginal people encounter as witnesses in Queensland's criminal courts. A report is expected in June 1996

Criminal Law see also Burglary, Sentencing
NSWLRC

• Directed verdicts of acquittal - WIH on a report due June 1996
• Partial defences to murder: diminished responsibility, provocation and infanticide - WIH on a report due August 1996
• Criminal procedure: police powers of detention and investigation after arrest and vulnerable persons - no work programmed for 1996
• Review of common law offences, in particular complicity and attempt - no work programmed for 1996

Law Com

• Consent in the criminal law: a consultation paper, 1995 (CP 139)

Cross Border Disputes
ALRC

• Cross border civil remedies: an introduction to the inquiry, 1995 (ALRC CBCR Circular 1) - 2 seminars were held in Sydney and Melbourne in March for legal practitioners and business people, and private consultations with these target groups are still being conducted. Submissions on this reference are welcomed. WIH on a feasibility report due June 1996

Custody of Children see also Family Law
SALC

• The granting of visitation rights to grandparents of minor children, 1996 (WP 62, Project 100)

Damages
NSWLRC

• Provisional damages - WIH on report due May 1996

Law Com

• Damages for personal injury: non-pecuniary loss, 1995 (CP 140)

Death
VicAGLRAC

• Property in a corpse - WIH on this reference. A report is to be prepared by Mr Alan Goldberg QC (Project No20)

Derivatives
CASAC

• Derivatives - WIH on a draft report on exchange traded derivatives which is due in June 1996. A draft report on OTC derivatives is due August 1996 and a final report on the reference will be completed by the end of 1996

CASAC Netting of Financial Derivatives Transactions Committee

• Netting of financial derivative transactions - WIH on a draft report

Debts
Manitoba LRC

• Residential exemptions from judgment execution, 1995 (Report 90)

SALC

• Report on debt collecting, 1995 (Project 74)
• Interim report on imprisonment for debt, 1994 (Project 74)

Defamation
ACTCLRC

• Defamation, 1995 (CLRC 10)

Diminished Responsibility
NSWLRC

• Partial defences to murder: diminished responsibility, provocation and infanticide - WIH on a report due August 1996

Disabled Persons see Persons with Disabilities

Discrimination
NSWLRC

• Review of the Anti-Discrimination Act 1977 - WIH on a DP due June 1996

SA Legislative Review Committee

• Racial Vilification Bill - The Bill has been referred to the Committee for consideration

Divorce see Family Law, Matrimonial Property

Domestic Violence
ACTCLRC

• Domestic violence, 1995 (CLRC 9)

Enforcement of Judgments
WALRC

• Report on enforcement of judgments of local courts, 1995 (Project 16 (Part 2))

Manitoba LRC

• Residential exemptions from judgment execution, 1995 (Report 90)

Entrapment
SALC

• Report on the application of the trapping system, 1994

Environmental Law
NSWLRC

• Environment - methods of enforcement of environmental legislation - no work programmed for 1996

Evidence
SALC

• Investigation into the Computer Evidence Act 57 of 1983, 1995 (WP60, Project 95)

Family Law
Fam

• Family Court appeals - WIH on finalising this project. The report is due mid-1996
• Child's representatives - WIH on the final stages of this project. The report is due mid-1996
• Violence and family law - Public consultations will be conducted before the release of an IP
• Family Court penalties - The Council will continue collecting data for this project until mid-1997
• Child and family services - WIH on examining the interaction between family law and other child and family legislation

ILRC

• Report on family courts, 1996 (LRC52)

SALC

• The granting of visitation rights to grandparents of minor children, 1996 (WP 62, Project 100)

Fiduciary Relationships
Law Com

• Fiduciary duties and regulatory rules, 1995 (Law Com 236)

Freedom of Information
ALRC

• Open government: a review of the federal Freedom of Information Act 1982, 1996 (ALRC 77)

Insolvency
Vic LRC

• Curbing the phoenix company: third report on the law relating to directors and managers of insolvent corporations, 1995

SALC

• Review of the law of insolvency: statutory provisions that benefit creditors, 1995 (WP 61, Project 63)

International Disputes
ALRC

• Cross border civil remedies: an introduction to the inquiry, 1995 (ALRC CBCR Circular 1) - two seminars were held in Sydney and Melbourne in March for legal practitioners and business people, and private consultations with these target groups are still being conducted. Submissions on this reference are welcomed. WIH on a feasibility report due June 1996

Juries
Vic LRC

• Jury service in Victoria, 1995 (IP 2) - WIH on reference

Juvenile Justice
SA Juvenile Justice Advisory Committee

• Evaluation of the juvenile justice system - WIH on a report for the SA AG

Landlord and Tenant
SA Joint Committee on Retail Shop Tenancies

• Retail shop tenancies - WIH on an inquiry into retail shop leasing issues

Law Com

• Landlord and tenant: responsibility for state and condition of property, 1996 (Law Com 238)

Law Reform
NSWLRC

• Digest 1995, 1995

NZLC

• Te Aka Korero: the Law Commission quarterly newsletter, 1996 (Issue 1)

Liability
Vic LRC

• Legal liability of health service providers, 1996 (IP 1) - WIH on reference

Limitation of Actions
WALRC

• Limitation and notice of actions - drafting of the report has been completed

Litigation Reform
Queensland Litigation Reform Commission

• Litigation reform - WIH on a series of projects for the reform of pleadings and summary judgment, extension of the jurisdiction of registrars, determination of matters 'on the papers', codification of Mareva injunctions and Anton Pillar orders, filing of court documents by post, transfer of matters between courts, caseflow management, mediation, case appraisal and costs

Liquor Law
SA Attorney-General's Department

• Review of the Liquor Licensing Act - WIH on a review of the legislation. The issues to be considered include general facility licences, categories of licences, trading hours, and principles and strategies of the responsible service and consumption of alcohol

Matrimonial Property
BCLRC

• Questions and answers about pension division on marriage breakdown, 1996

SALC

• The division of pension benefits on divorce, 1995 (Project 41)

Mediation see Alternative Dispute Resolution

Medical Law
QLRC

• Consent to medical treatment for young people - WIH on the final report which is due for release in June 1996

Vic LRC

• Legal liability of health service providers, 1996 (IP 1) - WIH on reference

Neighbour Relations
NSWLRC

• Neighbour and neighbour relations - WIH on a report due December 1996

Parliamentary Practice
SA Legislative Review Committee

• Code of conduct in Parliament - WIH

Pensions
BCLRC

• Questions and answers about pension division on marriage breakdown, 1996

SALC

• The division of pension benefits on divorce, 1995 (Project 41)

Perpetuities
Manitoba LRC

• The trust provisions in the Perpetuities and Accumulations Act, 1995 (Report No 89)

Personal Injuries
Law Com

• Damages for personal injury: non-pecuniary loss, 1995 (CP 140)

Personal Property
NSWLRC

• Personal property securities - No work programmed for 1996

Persons with Disabilities
ALRC

• Commonwealth disability services legislation - WIH on a report due June 1996

NSWLRC

• People with an intellectual disability and the criminal justice system: two rural courts, 1996 (RR 5) - WIH on a report due June 1996

QLRC

• Assisted and substituted decisions: decision making by and for the people with a decision-making disability - WIH on the final report which is expected to be released mid 1996

Police
ALRC

• Complaints against the AFP & NCA - Public hearings were held in March/April. WIH on a draft recommendations paper for release in June 1996

NSWLRC

• People with an intellectual disability and the criminal justice system: two rural courts, 1996 (RR 5) - WIH on a report due June 1996
• Criminal procedure: police powers of detention and investigation after arrest and vulnerable persons - no work programmed for 1996

Power of Attorney
QLRC

• Assisted and substituted decisions: decision making by and for the people with a decision-making disability - WIH on the final report which is expected to be released mid 1996

Real Property
NSWLRC

• Torrens title: compensation for loss - WIH on a report due April 1996
• Rights to support by adjoining land - WIH on a report due June 1996

Racial Discrimination see Discrimination

Remedies see Cross Border Disputes

Restitution
Scot Law Com

• Judicial abolition of the error of law rule and its aftermath, 1996 (DP 99)
• Recovery of ultra vires public authority receipts and disbursements, 1996 (DP 100)

Sale of Goods
WALRC

• Sale of Goods Act - WIH on aspects of the Act not covered in the DPs on implied terms and equitable rules in contracts which were published last year

Sentencing
NSWLRC

• Sentencing, 1996 (DP 33)

Sexual Offences see also Criminal Law
Law Com

• Consent in the criminal law: a consultation paper, 1995 (CP 139)

Standing
ALRC

• Standing - The final report is complete and awaiting tabling in the Autumn Parliamentary session

Stocks and Shares
CASAC Legal Committee

• Compulsory acquisitions report, 1996

SALC

• Supplementary report on the protection of a purchaser of shares: proposed amendment of section 138 of the Companies Act 61 of 1973, 1994 (Project 62)

Succession
NSWLRC & QLRC

• Uniform succession laws: the law of wills, 1996 (NSWLRC IP 10; QLRC WP 46)
• Uniform succession laws: family provision, 1996 (NSWLRC IP 11; QLRC WP 47) - The QLRC is co-ordinating this project. A committee of representatives from all Australian AGs and a delegate from the NZLC is currently reviewing issues relevant to the law of wills. The committee will next meet in Melbourne in May 1996

ALRI

• Reform of the Intestate Succession Act, 1996 (DP 16)

Superannuation
BCLRC

• Questions and answers about pension division on marriage breakdown, 1996

Torts
NSWLRC

• Contribution among joint tortfeasors - WIH on DP

Testators' Family Maintenance
VicAGLRAC

• Reform of testator's family maintenance legislation (Project No 3) - DP has been referred to AG for community consultation and his attention has been drawn to the work of the QLRC

Trusts and Trustees
Manitoba LRC

• The trust provisions in the Perpetuities and Accumulations Act, 1995 (Report No 89)

Violence
Fam

• Violence and family law - Public consultations will be conducted before the release of an IP

Wills see also Succession
NSWLRC & QLRC

• Uniform succession laws: the law of wills, 1996 (NSWLRC IP 10; QLRC WP 46) - The QLRC is co-ordinating this project. A committee of representatives from all Australian AGs and a delegate from the NZLC is currently reviewing issues relevant to the law of wills. The committee will next meet in Melbourne in May 1996

Witnesses
QCJC

• Aboriginal witnesses - WIH on a research project on the problems Aboriginal people encounter as witnesses in Queensland's criminal courts. A report is expected in June 1996

Writs
WALRC
Writs and warrants of execution - work has resumed on this reference

abbreviations and acronyms

ACTCLRC	ACT Community Law Reform Committee
ALRC	Australian Law Reform Commission
ALRI	Alberta Law Reform Institute
BCLRC	Law Reform Commission of British Columbia
CASAC	Companies & Securities Advisory Committee (Australia)
CP	Consultation paper
DP	Discussion paper
HREOC	Human Rights & Equal Opportunity Commission
ILRC	Irish Law Reform Commission
IP	Issues paper
Law Com	Law Commission (UK)
Manitoba LRC	Manitoba Law Reform Commission
Nova Scotia LRC	Law Reform Commission of Nova Scotia
NSWLRC	New South Wales Law Reform Commission
NT	Northern Territory
NTLRC	Northern Territory Law Reform Committee
NZLC	New Zealand Law Commission
QCJC	Queensland Criminal Justice Commission
QLRC	Queensland Law Reform Commission
RP	Research paper
RR	Research report
SA	South Australia
SALC	South African Law Commission
Scot Law Com	Scottish Law Commission
VicAGLRAC	Victorian Attorney-General's Law Reform AdvisoryCouncil
Vic LRC	Victorian Parliamentary Law Reform Committee
WALRC	Law Reform Commission of Western Australia
WIH	Work in hand

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