Recent publications by law reform bodies worldwide

AuthorTracy Bruen
PositionB.C.L., LL.M., research assistant, school of law, nui, Galway
A. Alberta
Non-Disclosure Order Application Procedures in Criminal Cases
Report on Consultation Memorandum 12.15:
September 2005
This final report represents a pre-cursor to what is hoped will
be new criminal rules dealing with the matter of non-disclosure
orders. The report represents the final policy positions of the
working group, following the publication of, and consultation on,
Consultation Memorandum 12.15 Non-Disclosure Order
Application Procedures in Criminal Cases,one of a series which the
Institute has issued as part of its Rules of Court Project. Following
discussion of the comments and the merits of the issues, the
Committee decided to maintains its proposals.
Matrimonial Property Legislation: Valuation Dates
Background Paper
November 2005
This paper addresses the issue of the most appropriate date
for the valuation of matrimonial property whereamarital
relationship has broken down while both spouses are alive. Alberta’s
Matrimonial Property Act does not specify a valuation date. In the
recent case of Hodgson v. Hodgson,the Court of Appeal interpreted
the Act to require valuation as of the date of trial. Formerly this date
had been applied presumptively,leaving room to use another date in
exceptional circumstances.
166 [5:2Judicial Studies Institute Journal
This discussion paper gives a description of the Matrimonial
Property Act and the leading cases on the valuation date under the
Act. This is followed by an introduction to matrimonial property
regimes in other Canadian jurisdictions, identification of the
approaches taken to valuation dates and an account of the valuation
dates that are in effect. In Part III, a number of observations are made
about the role of valuation dates in achieving a just and equitable
division of matrimonial property and about some of the differences
associated with the use of one or another valuation date. The
discussion paper poses options for reform and suggests factors to
consider in assessing the advantages and disadvantages of those
Self-Represented Litigants
Consultation Memorandum No. 12.18
March 2005
This Consultation Memorandum is issued as part of the
ongoing Alberta Rules of Court Project. It raises questions about the
operation of The Rules in cases involving self-represented litigants,
and invites comment on the positions tentatively taken. The
Committee’s basic position is that the same procedural requirements
should apply to all persons who turnto the civil justice system for the
resolution of legal issues. Self-represented litigants must understand
that they are responsible to performthe tasks and carryout the
functions ordinarily required of professionally-trained lawyers.
B. Australia
Review of the Uniform Evidence Acts
ALRC Discussion Paper 69
NSWLRC Discussion Paper 47
VLRC Discussion Paper
On 12 July 2004, the Attorney-General of Australia asked the
2005] Recent Publications
by Law Reform Bodies Worldwide

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT