Book Description

This book is Australia's definitive legal text on all levels of government contracting. It explains the law in a manner that is accessible to government contract managers and their private sector counterparts doing business with government. The book has been referred to as an authoritative text in State, Federal and High Court judgments. In the first chapter, the book covers the policy debate about the use of contract by government and provides a very practical guide to the contracting out decision, keeping in mind the limitations of contract and what can be done about them. This chapter also examines the implications for central, State and Territory governments of the Australia-United States Free Trade Agreement. The remaining chapters analyse the extra law that applies when a government body is a party to a contract. This includes the special position of government in its powers and procedures when contracting and the still-existing government privileges and immunities, including the source of "sovereign risk" for contractors. Government claims of exemption from legislation are a continuing complex and difficult problem, with new cases showing the prevalence of this practice. A chapter is devoted to how the Trade Practices Act and associated legislation binds and does not bind government bodies. The phenomenon of private sector bodies claiming derivative immunity appears to be increasing. A chapter discusses the latest Australian case law on government tenders, an area that continues to develop. As with previous editions, the latest Canadian case law is also included because it provides guidance on almost any conceivable tender mishap. In this and other areas of government commercial activity, administrative law remedies are increasingly being sought by disgruntled private sector entities. Note: As this book went to press the High Court handed down an important decision (NT Power Generation Pty Ltd v Power and Water Authority) which held that a government utility was bound by the competition provisions of the Trade Practices Act. This case is covered in the book. This book is indispensable for lawyers, government contract managers and their private sector counterparts.