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Australian Law Reform Commission - Reform Journal |
LAW REFORM COMMISSION OF WESTERN AUSTRALIA
Recent months have seen the Commission undertaking a busy publishing schedule. After the submission of three reports in October and November 1994 (Consent to sterilisation of minors, United Kingdom statutes in force in Western Australia and Joint tenancy and tenancy in common), 1995 saw the Commission issue Discussion Papers on Restrictive covenants, Implied terms in the Sale of Goods Act 1895, Equitable rules in contracts for the sale of goods and Financial protection in the building and construction industry.
The latest stage in this publication program is the Commission's report on Enforcement of judgments of Local Courts, submitted in January 1996. This completes the Commission's major reference on Local Courts - a report on the jurisdiction, procedures and administration of Local Courts was submitted in 1988. It also completes the Commission's work on enforcement procedures in inferior courts - in 1994 it submitted a report on the Enforcement of orders under the Justices Act, again the last stage of a reference reviewing the Justices Act and all aspects of the work of Courts of Petty Sessions.
The latest report makes a number of important recommendations, notably the institution of a single enforcement hearing to consider all possible ways of enforcing the judgment. This would replace the examination in aid and the judgment summons. The Commission also recommends changes to execution rules and procedure, the introduction of attachment of earnings, the final abolition of imprisonment for debt (though the possibility of imprisonment for contempt of court would remain), and the widening of the circumstances in which the debtor can apply for an order for payment by instalments.
The Commission has also completed the drafting of a major report on Limitation and notice of actions, another project on which its work stretches back over a number of years. It is not yet certain when this report will be submitted.
As regards its other current projects, comments on the recent Discussion Papers on Restrictive covenants and Financial protection in the building and construction industry are being considered. Further work is being done on aspects of the Sale of Goods Act not covered by the two Discussion Papers already published, and the completion of the Local Courts paper referred to above has freed an officer to resume work on Writs and warrants of execution.
Fifty-one of the Commission's eighty-one reports recommending legislative change have now been implemented. The most recent addition to this list, the Pawnbrokers and Second Hand Dealers Act 1994, came into force on 1 April 1996. The Commission's report recommending the modernisation of the Pawnbrokers Act 1860 was submitted in 1985.
The Commission has been under review by theGovernment of Western Australia for the last 18 months and its future is now being considered by the new Attorney-General, Hon Peter Foss QC MLC. Two Commissioners whose terms of office came to an end on 31 December 1995 have not yet been replaced. The Commission currently has only one member, instead of the five required by the Law Reform Commission Act.
The Commission is pleased to note the appointment of Hon Daryl Williams QC as the new Commonwealth Attorney-General. Mr Williams was a member of this Commission between 1982 and 1986, and its Chairman in 1984-85. He was a member of the House of Representatives Standing Committee which reported on the Australian Law Reform Commission in May 1994, and has a long standing interest in law reform.
Dr Peter Handford
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URL: http://www.austlii.edu.au/au/journals/ALRCRefJl/1996/21.html