Pursuant to section 10 of the Law Reform Commission Act 1967 (NSW), the Attorney General, the Hon Jeff Shaw QC, referred the following to the Law Reform Commission by letter on 26 September 1997:

1. To review the current law relating to set-off with a view to determining whether any change is needed.

2. In undertaking the review the Commission should have regard to the law relating to set-off that existed prior to the Imperial Acts Application Act 1969 and to judicial comment on the operation of the provisions in this Act relating to set-off.

The Law Reform Commission is constituted by the Law Reform Commission Act 1967 (NSW). For the purpose of this reference, the Chairman, in accordance with the Act, created a Division comprising the following members of the Commission:

Mr Michael Adams QC
The Hon Justice David Hodgson*
Mr Craig Kelly
Professor Michael Tilbury

(* denotes Commissioner-in-Charge)

Executive Director

Mr Peter Hennessy

Mr Joseph Waugh

Ms Beverley Caska
Ms Aferdita Kryeziu

Mrs Wendy King
Ms Kathryn Sharpe
Ms Shannon Field

Mrs Leanne Nowakowski
Butterfield's Communication Concepts

The Commission invites submissions on the issues raised in this Discussion Paper. Submissions and comments must reach the Commission by 30 June 1998. Suggestions for further issues which should be considered are welcome.

All submissions and enquiries should be directed to:

Mr Peter Hennessy
Executive Director
NSW Law Reform Commission
GPO Box 5199
SYDNEY NSW 2001

[DX 1227 Sydney]

Phone: (02) 9228 8230
Fax: (02) 9228 8225

There is no special form required for submissions. If it is inconvenient or impractical to make a written submission you may telephone the Commission and either direct your comments to a Legal Officer over the telephone, or else arrange to make your submission in person.

Closing date for submissions

The closing date for submissions is 30 June 1998. No final decisions will be made by the Commission until after the deadline for submissions has passed.

Use of submissions and confidentiality

If you would like your submission to be treated as confidential, please indicate this in your submission. Submissions made to the Commission may be used in two ways:

• Since the Commission’s process of law reform is essentially public, copies of submissions made to the Commission will normally be made available on request to other persons or organisations. However, if you would like all or part of your submission to be treated as confidential, please indicate this in your submission. Any request for a copy of a submission marked “confidential” will be determined in accordance with the Freedom of Information Act 1989 (NSW).
• In preparing the Report on this reference, the Commission will refer to submissions made in response to this Discussion Paper. However, requests for confidentiality will be respected by the Commission in relation to the publication of submissions.