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Government Contracts: Federal, State and Local 6th ed


ISBN13: 9781760021634
Previous Edition ISBN: 9781862879133
Published: July 2018
Publisher: The Federation Press
Country of Publication: Australia
Format: Hardback
Price: £120.00



Low stock.

Government Contracts 6th edition is the new edition of a work that has now been in existence for some twenty-one years. It is Australia’s definitive legal text on all levels of government contracting. It 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 6th edition includes:

  • a focus on outsourcing human services in Chapter 1 and remedial measures in Chapter 8;
  • analysis at Commonwealth level of the Public Governance, Performance and Accountability Act 2013;
  • a thorough analysis of the Williams cases and their significance for Commonwealth (and possibly State) executive and spending powers;
  • the implications for tender challenges of Australia’s application to join the WTO Agreement on Government Procurement, including a Commonwealth Government Procurement (Judicial Review) Bill;
  • the anomalies created in New South Wales and Queensland by legislation that removes corporate status from statutory bodies;
  • further developments on derivative Crown immunity;
  • case law and commentary on the continuing problem of whether legislation from another polity binds government;
  • developments concerning sovereign risk;
  • the continuing saga of government exemption from the Competition and Consumer Act 2010 and questioning of the position, including in the Harper Review;
  • government contracts transparency requirements in the various jurisdictions.
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 2017 and is an indispensable resource for lawyers, government contract managers and their private sector counterparts.

Subjects:
Other Jurisdictions , Australia
Contents:
The Uses of Contract by Governments

Introduction
The Application of Contract Law to Government Contracts
The Government's Choice 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