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Where am I now? Lawlink > Law Reform Commission > Publications > Discussion Paper 40 (1998) : Set-Off
Discussion Paper 40 (1998) : Set-Off Table of Contents Terms of reference 1. INTRODUCTION
Set-off provided for by statute Set-off under insolvency legislation Set-off under the Statutes of Set-off Set-off under the Supreme Court Act and Rules Rights analogous to set-off
Abatement The rule in Cherry v Boultbee 2. SET-OFF UNDER THE STATUTES OF SET-OFF THE STATUTES OF SET-OFF Reasons for their introduction
Elimination of unnecessary law suits NATURE OF THE RIGHT ESTABLISHED BY THE STATUTES OF SET-OFF ISSUES ARISING UNDER THE STATUTES OF SET-OFF Actions by and against the Crown Narrow coverage
Requirement that claims be liquidated 3. THE REPEAL OF THE STATUTES OF SET-OFF APPLICATION AND REPEAL IN NEW SOUTH WALES STATUTES OF SET-OFF IN OTHER JURISDICTIONS
Victoria Queensland Australian Capital Territory New Zealand Saskatchewan Matters involving original parties to a transaction
Costs
Limitation of actions Set-off against an assignee 4. PROPOSALS FOR REFORM OPTIONS FOR REFORM Insert a savings provision in the Imperial Acts Application Act 1969 Revive the Statutes of Set-off by proclamation Re-insert a provision in the rules of court New limited statutory form of set-off CONCLUSIONS OF OTHER LAW REFORM AGENCIES Law Reform Committee of South Australia Law Reform Commission of Western Australia Law Reform Commission of British Columbia Australian Law Reform Commission THE COMMISSION’S CONCLUSION |
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