To the Honourable Jeff Shaw QC

Attorney General for New South Wales

Dear Attorney

Provisional damages

We make this final Report to the reference to this Commission dated 28 October 1990.

Professor Michael Tilbury

(Commissioner-in-charge)

The Hon Justice H D Sperling

(Commissioner)

Ms Jane Stackpool

(Commissioner)

Professor David Weisbrot

(Commissioner)

September 1996

Terms of Reference

On 28 October 1990, the then Attorney General, the Honourable John Dowd QC, made the following reference to the Commission:

To inquire into and report upon:

1. the manner of assessment of damages (whether in respect of tort or other breach of duty) in cases where uncertainty exists as to the future conditions or events relevant to the quantum of the plaintiff's recoverable loss;
2. the desirability of the introduction of a scheme enabling a court to defer the final assessment of damages in order to allow the quantum of loss to be determined more precisely;
3. the form of any such scheme, including consideration of the court's power to make orders for provisional damages pending final assessment of loss;
4. any related matter.

Participants

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

Professor Michael Chesterman (until December 1995)

The Hon G J Samuels AC QC (until 28 February 1996)

The Hon Justice H D Sperling

Ms Jane Stackpool

Professor Michael Tilbury*

Professor David Weisbrot

(* denotes Commissioner-in-Charge)

Officers of the Commission

Executive Director

Mr Peter Hennessy

Research and Writing

Ms Sally Riordan (until April 1996)

Mr Joseph Waugh

Librarian

Ms Beverley Caska

Desktop Publishing

Ms Julie Freeman

Administrative Assistance

Ms Zoya Howes

Ms Jean Dulieu