Government Contracts Federal, State and Local

Government Contracts 5th edition is the new edition of a work that has now been in existence for some seventeen years. It is Australia’s definitive legal text on all levels of government contracting, which focuses on the legal issues that may arise in connection with government contracts and which have no parallel in the private sector.

It explains the law in a manner that government contract managers, and their private sector counterparts doing business with government, will find indispensable. Presented in plain English, it is equally accessible to lay readers and lawyers. Law students will also benefit from the up to date case law, relevant policy developments and legislation relating to government contracting, including procurement and outsourcing.

Authoritative and respected, Government Contracts has been referred to in State and Federal court cases, in the High Court and in government policy documents.

New material in this 5th edition includes:

the application of, and exemption from, the Competition and Consumer Act 2010 (Cth) and the accompanying Australian Consumer Law to government at all three levels;

a new section in Chapter 6 covers the application of the troublesome proportionate liability law to government at all levels;

the impact of the High Court's decisions in Pape and Williams on the Commonwealth's spending power;

coverage of the High Court's decision in Port of Portland Pty Ltd v Victoria;

the anomalies created in New South Wales and Queensland by legislation that removes corporate status from local government bodies;

treatment of tendering in Chapters 7 and 8 draws on new Australian case law and cases from other countries with similar legal systems to Australia, in particular Canada.

As always with Seddon’s work, a careful re-consideration of every aspect of the book has been undertaken providing clarity and comprehensive sources for the reader. This new edition is current to 30 November 2012 and is an indispensable resource for lawyers, government contract managers and their private sector counterparts.

The Uses of Contract by Governments

Introduction

The Application of Contract Law to Government Contracts The Government's Use of Contract The Erosion of Remedies and Accountability Free Trade Agreements and Government Procurement The Government's Power to Contract

The Commonwealth

The States and Territories Statutory Corporations and Local Government The Consequences of Lack of Power Contract Formation

Intention to Create Legal Relations

Statutory Agreements Authority to Contract on Behalf of Government Authority to Contract and Statutory Corporations Failure to Appropriate Funds Government Privileges and Immunities

Government Bodies as Legal Entities

The Different Meanings of "The Crown" Statutory Bodies and the Shield of the Crown Private Bodies and the Shield of the Crown Government Privileges and Immunities Executive Necessity, the Rule Against Fettering and Legislative Overriding of Contract

Contract and Future Government Action

The Doctrine of Executive Necessity The Primacy of Legislation The Rule against Fettering Future Executive Action The Rule against Fettering Legislative Action Legislative Overriding of an Existing Contract The Effect on the Contract Government Effectiveness and Estoppel The Government and Competition and Consumer Legislation

The Competition and Consumer Scheme

The Legislation and Government Carrying on a Business The Consequences of Exemption Proportionate liability Tenders

Introduction

Contractual Analysis of Tenders The Pre-Award Period Estoppel Misleading or Negligent Conduct Confidentiality Restitution Administrative Law Challenges Access to Information Administrative Law Remedies

Introduction

The Availability of Administrative Law Remedies The Grounds for Review The Ombudsman Access to Information

Index

Dr Nick Seddon is recognised as a leading authority in contract law. As special counsel in Ashurst Australia he advises Australian Government agencies and the private sector in common law and commercial law matters, including major contracts, major acquisitions, and the application of the Competition and Consumer Act. Nick also advises on the operation of legislation affecting government and private sector entities. He provides legal awareness training to both the public and private sectors. In 2004, Nick was appointed adjunct professor in The Australian National University College of Law.

Nick is the author of the leading text, Government Contracts: Federal, State and Local, as well as co-author of Cheshire & Fifoot's Law of Contract. As a consultant to the Laws of Australia project, he contributed to volumes on the general principles of the law of contract. He was editor of the Federal Law Review from 1997-2000.

Nick was a former academic and teacher at the Australian National University. He has served as a part-time Commissioner on the Australian Law Reform Commission, and in 2000 was the legal panel member for the Bracks government's Audit Review of Government Contracts. In 2012 he was named the Best Lawyers' 2012 Canberra Government Lawyer of the Year.