Government Contracts http://www.fishpond.com/Books/Government-Contracts-Nicholas-Seddon/9781862877405

Federal, State and Local

By Nicholas Seddon

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Table of Contents

Contents 1 The Uses of Contract by Governments The application of contract law to government contracts Thegovernment's use of contract The erosion of remedies andaccountability Free trade agreements and government procurement 2 The Government's Power to Contract The Commonwealth The States and Territories Statutory corporations and local government The consequences of lack of power 3 Contract Formation Intention to create legal relations Statutory agreements Authority to contract on behalf of government Authority to contract and statutory corporations Failure toappropriate funds 4 Government Privileges and Immunities Government bodiesas legal entities The different meanings of 'the Crown' Statutorybodies and the shield of the Crown Private bodies and the shield ofthe Crown Government privileges and immunities Immunity from statute Immunity from coercive orders Immunity from execution The priority ofCrown debts Assignment of choses in action 5 Executive Necessity, the Rule Against Fettering and Legislative Overriding of Contract Contractand future government action The doctrine of executive necessity Theprimacy of legislation The rule against fettering future executiveaction The rule against fettering legislative action Legislativeoverriding of an existing contract The effect on the contract Government effectiveness and estoppel 6 The Government and Trade Practices and Fair Trade Legislation Thetrade practices and fair trading scheme The legislation and thegovernment The consequences of exemption The position of statutorycorporations Misleading or deceptive conduct Unconscionable conduct Anti-competitive conduct 7 Tenders Introduction Contractual analysis of tenders Thepre-award period Estoppel Misleading or negligentconduct Confidentiality Restitution Administrative law challenges Access to information 8 Administrative Law Remedies Introduction The availability of administrative law remedies The grounds for review The Ombudsman Access to information

Reviews

Review of this edition:An excellent reference for those in the business supplying goods and services to government, both in terms of being up to date on the latest changes in law, and for anyone seeking to contrust a practical checklist on any part of the contracting process. - David Parker, Law Institute Journal of Victoria, November 2009 Reviews of previous editions:Dr Seddon has put together in the one readable volume the legal principles and case law (almost all of which was handed down in the last 25 years) to produce a mini-encyclopaedia on the subject. For those working in the area, it is well worth acquiring. - (2005) 79 Australian Law Journal This third edition indicates just how much the whole process of government contracting has developed over the nine years since the first edition appeared. - Public Administration Today, July-Oct 2005 The third edition of this book provides a comprehensive coverage of issues that arise when contracting with all levels of government in Australia. The risks specific to government contracts that are covered include the power of government to contract; Crown privileges and immunities; and the ability of governments to override contracts through legislation. The author also deals extensively with governmental tenders and administrative law remedies. This edition introduces new issues, including how the Australia-US Free Trade Agreement will affect Australian government procurement; political interference in the government contracting process; and the distinction between statutory licences and government contracts. ... The book is clearly written and easy to read. It will be invaluable to any practitioner engaged in negotiating contracts with any level of government. The author highlights areas of the law of contracting with government that remain uncertain, which should assist practitioners in assessing specific risks and drafting contracts accordingly. - Law Institute Journal (Vic), Vol 79(4), April 2005 This work, an intensive account of a specialist area of contract law, is in its third edition in less than nine years. That is in itself a considerable recommendation about the quality of this book and its usefulness. It is written by Dr Nicholas Seddon, a co-author of Cheshire and Fifoot's Australian edition. It was written for a specialist Australian legal audience but I expect it to be of interest to public servants and lawyers in other jurisdictions. It is now a work of some 400 pages. It may well turn out to be of greater interest to lawyers who practice in other areas of contract and commercial law than they might initially expect. The law relating to government contracts (to use a contemporary analogy) lies between the grinding tectonic plates of contract, administrative law and complex legislation. The result of these tensions is a sense of very rapid state of development of legal ideas in these areas. ... Quite apart from general revision and accounts of recent case law, the third edition covers areas absent from the previous editions including the Free Trade Agreement, the role of political interference in government decision making, the distinction between a statutory licence and a contract and an expanded discussion of when legalisation does or does not bind government entities. This text is an authoritative account of an important area of contract is unlikely to be surpassed for many years. It deals with an area of the law that is likely to increase rapidly in importance over the next decade and would be a valuable addition to the library of any practitioner specialising in commercial law. - (2005) 26 Qld Lawyer In the construction industry, government's role and influence are more and more akin to those of a commercial enterprise. Accordingly, ... Mr Seddon's second edition is both topical and valuable. Tendering is the commercial threshold of construction projects yet it is ill-understood and often badly done. Mr Seddon's deep insight into both the problems and important lessons to be learnt will be especially appreciated. ... - Building & Construction Law Journal, February 2000 ...it is a very user-friendly text ... illustrating once again that a brilliant mosaic of our law is extremely interesting when the spotlight is put upon a little section of it. - Justice Michael Kirby, Australian Law Journal ...the explanations are admirably lucid and concise, and overall the book provides an excellent, accessible and well structured account of the relevant principles of law. - Professor Sue Arrowsmith