Project No. 32

Commenced: 1972
Completed: 1973

Historically, spousal immunity of action in tort was based on the legal concept that a husband and wife were one person. At the time of the reference it had become obvious that this concept was dated and no longer acceptable. The immunity of suit had already been abolished in all other Australian jurisdictions. Similar reforms had also already occurred in the United Kingdom and New Zealand and reform was under way in Canada.