Law Reform Commission of Western Australia
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Project 61 - Enforcement of judgment debts

Project No. 61

Commenced: 1975
Completed: 1977

When the Commission of Inquiry into Poverty published its final report, the Commission extended its terms of reference to include an examination of the full report. One of the primary concerns of the Commission of Inquiry was to avoid undue hardship to judgment debtors. The central recommendation of the Commission of Inquiry was that a debt recovery tribunal should determine an appropriate enforcement remedy only after an examination hearing of the judgment debtor. The other recommendations of the Commission of Inquiry concerned a legislative regime to support the central recommendation.

Terms of Reference

In March 1975, the Minister for Justice wrote to the Commission asking it to comment and report on a working paper that was prepared by Mr D St L Kelly, of the University of Adelaide, for the Commonwealth Commission of Inquiry into Poverty.

Outcomes

Because the Commission was asked only to ‘comment and report’ on the subject, it made no formal recommendations for legislative action. However, after examining the report of the Commission of Inquiry into Poverty in the context of the position in Western Australia, the Commission made detailed comments on the relevance of the recommendations made by the Commission of Inquiry.

Last updated: 31-Jan-2017

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