Recent publications by law reform bodies worldwide

• Author: Tracy Bruen
• Position: B.C.L., LL.M., research assistant, school of law, nui, Galway
• Pages: 166-190

RECENT PUBLICATIONS BY LAW REFORM BODIES

WORLDWIDE

COMPILED BY TRACY BRUEN, B.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

http://www.law.ualberta.ca/alri/pdfs/cnslt_memo/FullRpt_Web.pdf

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

http://www.law.ualberta.ca/alri/pdfs/MPA_Background.pdf

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

options.

Self-Represented Litigants

Consultation Memorandum No. 12.18

March 2005

http://www.law.ualberta.ca/alri/pdfs/cnslt_memo/cm12-18.pdf

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

http://www.austlii.edu.au/au/other/alrc/publications/dp/69/

On 12 July 2004, the Attorney-General of Australia asked the

2005] Recent Publications

by Law Reform Bodies Worldwide

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