Author: Nicholas SeddonPublisher: The Federation PressReviewer: Ryan Nattrass

The seventh edition of Government Contracts – Federal, State and Local is an appealing text for both front-end and back-end practitioners, alike. It provides a comprehensive and well-researched consideration of the practical application of legal principles to government contracts from cradle to grave. It should also appeal to those of us who practise outside the commercial and administrative law space but, nonetheless, need to consider the availability of action against the Crown under the Competition and Consumer Act 2010 and Australian Consumer Law.

As expected from the title, the text necessarily traverses the topics of contract law, commercial and consumer law, and administrative law. It does so in clear and accessible language. The text builds upon the reader’s presumed knowledge of the ordinary rules of contract and administrative law and focuses on the more specific and unique issues that arise in relation to government contracts. In this respect, it is not a text for those looking for a refresh of general principles.

At the outset, there is analysis of the issues arising at the formation of a contract, including the tendering process (and potential challenges to decisions arising out of that process) and the imperative to identify the correct legal entity, whether that entity is the Crown, a corporation, or something in between. A consideration of common terms in government contracts is also provided, such as termination for convenience clauses and the tension between contract law’s need for certainty and constitutional law’s rule against fettering future government action.

In respect of performance and breach, there is discussion about the extent to which the Crown’s immunities may extend into contract and whether they apply to private bodies contracting on behalf of the Crown. Finally, in terms of remedies, there is exploration of the extent to which the traditional private law remedies, such as estoppel, might be available against government. Similarly, the availability of administrative law remedies to contractual or commercial decisions is investigated.

On the whole, the book is an interesting analysis of an area of law that can sometimes be dry. It manages to provide a comprehensive consideration of key issues, and relevant case law, without overwhelming the reader.

Lawyers Weekly Podcast (The Lawyers Weekly Show)*Reviewer: Ryan Nattrass

What is it?

In this episode of The Lawyers Weekly Show podcast Dr Matt Collins KC, president of the Australian Bar Association, speaks with host Jerome Dorasaimy about what it means to be a barrister after the impacts of the COVID-19 pandemic.

The Review

The episode is helpful to anyone wishing to obtain a snapshot of how the Bar was affected during the pandemic and a high-level overview of the challenges faced by the Bar now.

Dr Collins provides some helpful hints about how to maintain your persuasiveness and the focus of the decision maker when changing forum from the live theatre of a courtroom to the small screen of an online hearing.

Dr Collins is also able to provide a finger on the pulse of the profession, highlighting the Bar’s rumination on the traditional model of chambers at a time when many at the Bar have become a TWaT (one of the more colourful acronyms for hybrid workers, which Dr Collins clarifies in the episode).

A not insignificant portion of the episode is spent reflecting on the challenges faced during the pandemic, which does direct time away from what could have been further insight into the ‘new normal’ alluded to in the title. However, on the whole, the podcast is easy to follow, not particularly long, and is well worth a listen during your commute to or from work.

* https://www.lawyersweekly.com.au/podcast/35412-barristers-in-the-new-normal