Synopsis
This book is now out of print. A new edition is scheduled to be published in 2009. If you would like to register your interest in the new edition, please email info@federationpress.com.au 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.
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Présentation de l'éditeur
Government Contracts 4th edition is a further maturation and refinement of a work that has now been in existence for some thirteen 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 also accessible to the lay reader and lawyers and law students will also benefit from the up to date case law, relevant policy developments and legislation relating to government contracting (principally procurement). Authoritative and respected Government Contracts has been referred to in a number of cases, both in State and Federal courtsin the High Court and in government policy documents. New material in this 4th edition includes: The implementation at Commonwealth and at State and Territory levels of Chapter 15 (government procurement) of the Australia-United States Free Trade Agreement. Implementation measures are discussed in Chapter 1 and the practical consequences of the new procurement regime are explored in Chapter 7 on tendering. Issues of government immunity from legislation take up a substantial portion of this new edition, at the general level in Chapter 4 and in particular application to the all-important Trade Practices and Fair Trading legislation in Chapter 6. Chapter 6 also includes a new table showing how this legislation applies to government at all levels. The current status of derivative immunity following the High Court's decision in Baxter. Discussion of the status of contracts made by regulatory bodies to settle alleged breaches of relevant legislation by the regulated entity. Whether government can promise to compensate a company for taxes it has had to pay. A discernable trend toward not allowing failure to follow legislation to result in an underlying transaction being invalid. Treatment of tendering in Chapters 7 and 8 covers new Australian case law and a succession of 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 31 March 2009 and is an indespensible resource for lawyers, government contract managers and their private sector counterparts.
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