1. On 12 August 1985, the Commission was given a reference to inquire into and report upon:

(i) the law governing rights of contribution between two or more persons responsible for the same damage; and

(ii) any incidental matter.

The reference was made under the Commission’s Community Law Reform Program.¹ Substantial preliminary research was done on this reference. Subsequently, work on the reference was suspended due to lack of resources and competing priorities.² The need to take account of continuing developments in the area of tort liability in recent years, for example the introduction and later abolition of the Transcover scheme, also contributed to the delay in pursuing this project.

2. In 1989 the Attorney General announced that he was reviewing the general law of tort liability in New South Wales.³ This review has implications for the law of contribution. Of particular concern to the Commission was the possibility of reform of the doctrine of solidary liability. Following discussions with the Attorney General it was agreed that the Commission would prepare an interim report under its contribution reference dealing solely with the question of solidary liability. It was also agreed that this report would be completed by July 1990 in order to allow any proposals for reform to be reviewed together with other reforms being considered by the Attorney General. The Commission will continue with work on the remainder of its contribution reference when the nature of the intended reforms to the tort system are settled.

1. The nature and progress of the Community Law Reform Program are discussed in detail in the Commission’s Annual Reports since 1982. The Program entitles the Commission to give preliminary consideration to suggestions for law reform made by members of the legal profession and the community at large and, where it is thought appropriate, to seek suitable references from the Attorney General on matters raised by such suggestions. The present reference was prompted by a letter to the Commission from Mr Justice Clarke of the Supreme Court of New South Wales suggesting an amendment to the legislation which confers a right of contribution between tortfeasors so as to permit rights of contribution between a tortfeasor and a person in breach of contract and between people in breach of separate contracts.

2. See New South Wales Law Reform Commission Annual Report 1989 Chapter 1 and para 3.48.

3. See below paras 8 to 10.