Government Insights

21 May 2007

Welcome to the May edition of Clayton Utz Government Insights, in which we'll look at some issues in twos.

First, there are two problems that frequently come up in decision-making: asking the right question, and working out the relevance of departmental policy. What guidance are courts giving?

We'll also examine two aspects of Government liability: how Government can protect itself from aggravated and exemplary damages, and the new Commonwealth regime for dealing with moral, not purely legal, claims.

We'll also learn what you can do when a deal goes sour - is termination an option? - and the new disclosure regime for Government contracts in NSW.

Finally, we'll meet two new partners.

Applying the right test

By John Carroll and Jan Cumming.

Recent cases demonstrate a continuing emphasis upon the importance of a decision-maker asking the right question, say John Carroll and Jan Cumming.

Government made to pay for bad behaviour

By Caroline Bush and Xuelin Teo.

Government made to pay for bad behaviour. A recent case serves as a timely reminder that courts will not tolerate abuses of executive power by Government employees. Caroline Bush and Xuelin Teo look at how Government can protect itself from aggravated and exemplary damages.

It’s over: Terminating a contract for default

By Alexandra Wedutenko.

Terminating a contract for default. It’s not desirable to put your head in the sand and hope for the best when your contract goes off the rails, as Alexandra Wedutenko explains.

Decisions that depart from policy

By Jan Cumming.

A recent decision of the Queensland Court of Appeal illustrates that policy cannot fetter decision-makers in the exercise of a legislative discretion, as Jan Cumming explains.

Claims against the Commonwealth: Revised discretionary compensation mechanisms

By Philip Harrison.

Revised discretionary compensation mechanisms. Philip Harrison examines the new Commonwealth regime for dealing with moral, rather than purely legal, claims.

Disclosure of Government contracts in NSW

By Brendan Bateman.

NSW has a new disclosure regime for Government contracts, as Brendan Bateman explains.

"Prescribed" and "critical infrastructure" projects: a new role for agencies

By Tosin Aro.

Queensland Government decision-makers have new responsibilities in approving projects, says Tosin Aro.

Meet our new partner - Nick Thomas

Why does Nick Thomas think he’s working in one of the most exciting areas around?

Meet our new partner - Alexandra Wedutenko

The more challenging the transaction, the more Alexandra Wedutenko likes it.
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