09 November 2004
Welcome to the November edition of Clayton Utz Government Insights. In this edition we'll look at the effect on Government of the important NT Power case, and when Government activity becomes Government business.
Government takes legal advice all time - but when is it protected by legal professional privilege? And when is that privilege lost? Some recent cases give some answers. We'll also catch up on the latest developments in the law on implied freedom of political communication, and fair and reasonable termination of employment – when the employer gets it right.
By Joanne Daniels and John Carroll.
Many Government enterprises might need to review their operations to avoid breaching the Trade Practices Act after a High Court decision which throws some doubt on the use of commercial enterprises for the implementation of Government policy and delivery of services, say Jo Daniels and John Carroll.
By Sally Sheppard and Tom Mosby .
Legal advice to Governments and their agencies might not be protected by legal professional privilege, say Sally Sheppard and Tom Mosby, and even if it is, they should be careful not to waive it.
By Caroline Bush.
Caroline Bush looks at two recent High Court decisions which remind us that the implied freedom of political communication is not absolute.
By Merrilyn Sernack.
If the employee refuses to comply with a reasonable direction to attend for work, this will be a valid reason for termination, even if the employee's refusal was because of family responsibilities, as Dr Merrilyn Sernack shows.
A former Crown prosecutor and civil solicitor of the Crown, Mark's current litigation practice covers diverse areas.
Robert is a litigation and dispute resolution lawyer with extensive experience in Government contractual disputes; intellectual property and information technology litigation (including appeals) and in all alternative dispute processes.
