This reference, whose terms appear at page ix, was given in 1966. Initially work was delayed whilst it was seen whether Australia would accede to the 1964 Hague Convention regulating international sales of goods. Research was resumed when it became apparent that any accession would be subject to reservations that would have made the International Code apply only when the parties so provided in the contract.

The first report in the reference (LRC 15) which was published in 1972 set out the reasons why further work should be delayed pending anticipated developments in England in the light of work then being done by that country’s Law Commission.

In 1973 the Commission was fortunate to have appointed as a full time member Professor K C T Sutton whose textbook The Law of Sale of Goods in Australia and New Zealand was and remains the leading authority on this topic in Australasia. A very substantial Working Paper prepared by Professor Sutton was published in 1975. Unfortunately Professor Sutton's departure from the Commission in that year and the pressure of other major references meant that the project again lapsed.

Work resumed in early 1986 when Dr John Carter of the University of Sydney was appointed as a specialist consultant. A Division was constituted (see page xi). The report was written, substantially, by Dr Carter in consultation with the Division and with research assistance from Mr Kalinga Wijeyewardene, a legal officer of the Commission.

This report represents the final proposals of the Commission on a number of unrelated and relatively non-controversial issues most of which were canvassed in Professor Sutton's 1975 Working Paper. As explained more fully in paras 1. 17-1. 18, a number of more significant matters have been identified and will be discussed in a forthcoming Issues Paper.

I wish to express particular thanks to Dr Carter and the members of the Division who have contributed actively to this report, as well as to Mr W J Gillooly, Assistant Director (Planning and Research) of the New South Wales Department of Consumer Affairs who has been a Consultant to the Division. To Mr Dennis Murphy QC, Parliamentary Counsel, go our special thanks for the detailed assistance he provided in drafting and redrafting the legislation appearing in Appendix A.

Keith Mason QC

Chairman