Table of Contents
Terms of Reference
New South Wales Law Reform Commission
Participants
Letter of Submission
Summary of Recommendations
Part 1. Background to Recommendations
CHAPTER 1. COMMUNITY LAW REFORM PROGRAM AND THIS REFERENCE
- The Problem and Need for Reform
- The Scope of this Reference and of this Report
- Underlying Principle
- Summary of Our Recommendations
- Parliamentary Counsel
CHAPTER 2. PRESENT LAW IN NEW SOUTH WALES - ITS BACKGROUND - UNITED KINGDOM ORIGINS
- How Money Becomes Payable
- Money Payable by Statute
- Common Law Principles
- Equity
- Admiralty
- Other Cases
- Interest After Judgment
- Statutory Alteration of the Common Law - Power Given to New South Wales Courts to Award Interest on Debts
- Federal Courts
- Arbitration
- Interest Rates - New South Wales Court
- Payment Before Proceedings - Some Legal Inadequacies
- Claims for Interest - New South Wales Courts
- Tender of Payment Before Legal Proceedings
- Payment of Money into Court After Action is Brought
- Other Kinds of Payment After Action is Brought
- Conclusion - Legal Inadequacies Identified
CHAPTER 3. RECOMMENDATIONS FOR REFORM IN THE UNITED KINGDOM - CONCLUSIONS IN RELATION TO NEW SOUTH WALES
- A Statutory Entitlement to Interest on Debts, and Wider judicial Powers?
- Legislative Implementation of the Law Commission’s Recommendations
- Our Conclusions for New South Wales
Part 11. Recommendations for Reform
CHAPTER 4. REASONS AND RECOMMENDATIONS
- Courts, Tribunals and Arbitrators - the Power to Award Interest
- Default Judgements and Liquidated Demands. Where a Claim for Interest is Made
- Payment into Court After Action Brought (Including Defence of Tender)
- Payment After Action Brought Otherwise than by Payment into Court
- Debts Paid Before Action Brought
APPENDIXES
I. SUPREME COURT (INTEREST) AMENDMENT BILL 1983
II. INTEREST ON COSTS
