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Where am I now? Lawlink > Law Reform Commission > Publications > Report 94 (2000): Set-off

Report 94 (2000): Set-off


Contents

Terms of reference
Participants
List of recommendations
 
1. INTRODUCTION
THE REFERENCE
DEFINITION OF SET-OFF
Comparison with counterclaim
TYPES OF SET-OFF
Contractual set-off
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
Equitable set-off
Rights analogous to set-off
      Liability arising from a running account
      Abatement
      The rule in Cherry v Boultbee
 
2. THE STATUTES OF SET-OFF
HISTORY
Reasons for their introduction
      Injustice to defendants
      Elimination of unnecessary law suits
INTERPRETATION OF THE STATUTES OF SET-OFF
NATURE OF THE RIGHT ESTABLISHED BY THE STATUTES OF SET-OFF
APPLICATION AND REPEAL IN NEW SOUTH WALES
 
3. THE NEED FOR REINTRODUCTION
DIFFICULTIES ARISING FROM THE REPEAL OF THE STATUTES OF SET-OFF
Matters involving original parties to a transaction
      Procedural practicality
      Costs
Matters involving third parties to an original transaction
      Joinder of principal debtors by guarantors
      Limitation of actions
      Set-off against an assignee
Administration of estates
THE COMMISSION’S VIEW
 
4. IMPLEMENTATION OF THE REINTRODUCTION
OPTIONS CONSIDERED IN DP 40
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
Restatement
      Some cautions
THE COMMISSION’S CONCLUSION
 
5. REFORM OF THE LAW UNDER THE STATUTES OF SET-OFF
NARROW COVERAGE
      Requirement that both claims be due and payable
      Requirement that claims be liquidated
EFFECT ON SECURITISATION ARRANGEMENTS
OPERATION OF THE NEW ENACTMENT
 
APPENDICES
APPENDIX A: Draft Civil Procedure (Set-off) Bill 2000
APPENDIX B: Submissions
 
TABLE OF LEGISLATION
TABLE OF CASES
BIBLIOGRAPHY



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