Regulatory bodies and other statutory decision-makers must ensure, when entering into contracts, they do not impose an unlawful fetter on their statutory discretions. If a contractual term comprises an unlawful fetter on the exercise of … Continued
The Australian National Audit Office (ANAO) recently released a Performance Audit Report called Procurement Initiatives to Support Outcomes for Indigenous Australians (ANAO Report No. 1 2015-16). The objective of the audit was to assess the effectiveness of … Continued
The Productivity Commission has recommended that law firms be permitted to enter into damages-based costs agreements (where the fees charged by lawyers are dependent on the amount of damages awarded to their clients) as a … Continued
Summary Earlier this month the United Kingdom Technology and Construction Court1 considered a legal challenge to a tender evaluation process conducted by the Milton Keynes Council. In his judgment, Justice Coulson was highly critical of … Continued
The recent High Court decision of Independent Commission Against Corruption v Cunneen  HCA 14 (ICAC v Cunneen) is important in clarifying the scope of the investigative powers of the ICAC. Established by the NSW … Continued
On 14 May 2015, while the eyes of the nation were on the Federal Treasurer and his post budget speech in the Great Hall of Parliament House, down the corridor the Biosecurity Bill 2014 (Bill) … Continued
The Judiciary Act 1903 (Cth) (Judiciary Act) states that non-compliance with the Attorney-General’s Legal Services Directions 2005 (LSDs) is not to be raised in court proceedings (except by, or on behalf of the Commonwealth). Despite … Continued
National harmonisation of laws – Creating efficiency or increasing the regulatory burden? In 2008, the Council of Australian Governments (COAG) agreed to a National Partnership Agreement to Deliver a Seamless National Economy, with the purpose … Continued
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