New South Wales Law Reform Commission
To the Honourable T W Sheahan, BA, LLB. MP,
Attorney General for New South Wales
COMMUNITY LAW REFORM PROGRAM
ATTACHMENT OF MONEYS DEPOSITED WITH BUILDING SOCIETIES AND CREDIT UNIONS
Dear Mr Attorney General
We make this Report under the reference from the late Honourable D P Landa, LLB, MP. Attorney General to this Commission dated 8 December 1983.
Keith Mason QC
(Chairman)
Deirdre O’Connor
(Commissioner)
Professor Colin Phegan
(Commissioner)
December 1985
Terms of Reference
To inquire into and report on:
1. Whether the law relating to the garnishment and attachment of debts may or should apply to money deposited with a building society or a credit union, and in particular without limiting the foregoing, whether proceedings by way of garnishment or attachment or both may or should apply to:
- deposit accounts, and
- withdrawable share capital, and withdrawable share accounts
with building societies and credit unions.
2. Any incidental matter.
D P Landa
Attorney General and Minister of Justice
8 December 1983
New South Wales Law Reform Commission
The New South Wales Law Reform Commission is constituted by the Law Reform Commission Act 1967. The Commissioners are:
Chairman:
Deputy Chairman:
Full- time Commissioners:
Paul Byrne
Professor Colin Phegan
Part- time Commissioners:
Dr Susan Fleming
Greg James QC
Eva Learner
Her Honour Judge Jane Mathews
Ms Marcia Neave
The Honourable Justice Peter Nygh
Miss Deirdre O’Connor
The Honourable Mr Justice Adrian Roden
Ronald Sackville
Mr H D Sperling QC
Research Director:
Members of the research staff are:
Ms Heather Armstrong
Ms Fiona Curtis
Ms Ros Robertson
Ms Meredith Wilkie
This is the Seventh Report of the Commission under its Community Law Reform Program. Its short citation is LRC 46.
Participants in Reference
Commission Members:
For the purpose of the reference the former Chairman, Professor Ronald Sackville, in accordance with section 12A of the Law Reform Commission Act, 1967, created a Division comprising the following members of the Commission.
Professor Ronald Sackville (Chairman)
Mr Russell Scott (Deputy Chairman)
Miss Deirdre O’Connor
Professor Colin Phegan (in charge of this reference)
Professor Sackville’s term expired on 31 December 1984 and all existing Divisions of the Commission were dissolved. Mr Keith Mason QC was appointed Chairman from 4 March 1985 and the Division for this reference was reconstituted comprising the following members.
Mr Keith Mason QC (Chairman)
Miss Deirdre O’Connor
Professor Colin Phegan (in charge of this reference)
Secretary
Mr Peter Lemon (until 31 May 1985)
Mr John McMillan
Research and Writing:
Typing
Mrs Margaret Edenborough
Ms Judith Grieves
Mrs Val Lucena
Word Processing:
Ms Gail Dubbelde
Ms Lorna Clarke
Ms Kerry Gill
Administrative Assistance:
Miss Zoya Howes
Ms Dianne Wood
Librarian: