Publications

Final Report

14.12.1987

Service and Execution of Process (ALRC Report 40)

The Commission was directed to review the process by which documents involved in legal proceedings are formally given to another person. ALRC Report 40 was tabled December 1987.View ALRC Report 40 in HTMLon the AustLII website.

21.10.1987

Debt Recovery and Insolvency (ALRC Report 36)

ALRC Report 36 (tabled 21 October 1987) arose from the same reference as Insolvency: The Regular Payment of Debts (ALRC Report 6). During its work on the first report, the Commission identified that judgment debt recovery procedures in the States and Territories could contribute to worsening insolvency. Accordingly, the Commission investigated these procedures more fully in ALRC …

16.09.1987

Matrimonial Property (ALRC Report 39)

ALRC Report 39 (tabled December 1987) examined Australian community attitudes to questions of matrimonial property law.The emphasis was on assessing the contributions of the spouses to property and welfare of the family, which was impractical and inappropriate, especially with regard to superannuation benefits.View ALRC Report 39 in HTMLon the AustLII website.

05.06.1987

Evidence (ALRC Report 38)

The ALRC revised the interim legislation and published it in ALRC Report 38 (tabled 5 June 1987). Accordingly, the two reports need to be read together to obtain a comprehensive picture of the ALRC’s work on this reference.View ALRC Report 38 in HTMLon the AustLII website.

03.06.1987

Spent Convictions (ALRC Report 37)

The inquiry on spent convictions examined the question of whether criminal records should be deleted after specified time periods had elapsed. ALRC Report 37 was tabled in June 1987.View ALRC Report 37 in HTMLon the AustLII website.

03.06.1987

Contempt (ALRC Report 35)

ALRC Report 35 was tabled in June 1987. In it’s review of contemp laws, the Commission was required to strike a balance between a number of principles including freedom of speech and expression; the right of fair trial by an impartial tribunal; public scrutiny of the operations of the court system; and the protection of …

03.06.1987

Contempt, Summary (ALRC Report 35)

ALRC Report 35 was tabled in June 1987. In it’s review of contempt laws, the Commission was required to strike a balance between a number of principles including freedom of speech and expression; the right of fair trial by an impartial tribunal; public scrutiny of the operations of the court system; and the protection of …

14.12.1986

Civil Admiralty Jurisdiction (ALRC Report 33)

ALRC Report 33 (tabled December 1986) found that the Colonial Courts of Admiralty Act 1890 (Imp) had limited civil admiralty jurisdiction to matters that were within the admiralty jurisdiction of England as at 1890. As a result there were many uncertainties about, and unjustified limitations on, the scope of the jurisdiction.The report outlined that any …

22.10.1986

Loss of Consortium and Compensation for Loss of Capacity to do Housework (ALRC Report 32)

ALRC Report 32 (tabled 23 October 1986) examined the position in the Australian Capital Territory regarding the doctrine of loss of consortium. This doctrine allows a husband to recover damages for the loss of his wife’s companionship and services resulting from an injury inflicted on her through negligence.In the ALRC’s first report on community law …

11.06.1986

Recognition of Aboriginal Customary Laws (ALRC Report 31)

The focus of ALRC Report 31 (tabled 12 June 1986) was whether it would be desirable to apply, either in whole or in part, Aboriginal customary law to Indigenous peoples—generally or in particular areas or to those living in tribal communities only. In addition, the report addressed whether in criminal cases existing courts should be able …