Common Law Crime

Reference received: ​27 September 1991

Discussion paper

​Discussion Paper 36: Barratry, Maintenance and Champerty (PDF, 175.1 KB), May 1994​

  • Legislative action: ​Maintenance and Champerty Abolition Act 1993; Legal Profession Amendment Act 1996 Sch 6.2 
  • Note: The Maintenance and Champerty Abolition Act 1993 was renamed the Maintenance, Champerty and Barratry Abolition Act 1993 by Sch. 6.2 of the Legal Profession Amendment Act 1996 which was proclaimed on 1 April 1997.

Terms of reference

To inquire into and report on the following matters:

  1. non-statutory criminal offences (purely common law offences);

  2. the common law of conspiracy, especially procedural and evidentiary aspects;

  3. the common law of complicity;

  4. the common law of attempt; and

  5. any related matters.

In undertaking this work, the Commission is to give priority to items 1 and 2. The Commission is also to be mindful of the work being undertaken by the Standing Committee of Attorneys General supporting development of a uniform criminal code so as to avoid unnecessary duplication.

Note: See also Reference 119 Complicity in criminal cases​​

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