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Government Contracts Federal, State and Local 6th edition
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Government Contracts Federal, State and Local 6th edition

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Overview
ISBN 9781760021634 New Release 7 March 2018
Description

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.


CONTENTS

Preface 
Table of Cases 
Table of Statutes

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

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

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