Government Insights

15 December 2008

Welcome to the December edition of Government Insights, in which we'll look at:

the possible rise in claims of misfeasance in public office - and how to ward them off
how government can protect itself against the insolvency of bodies it funds
the ins and outs of appearing in front of Senate Estimates and other Parliamentary Committees
further changes to the Commonwealth’s Legal Services Directions
what happens when proceedings are brought against the Commonwealth in a State or Territory tribunal; and
why directors and officers of GOCs, statutory corporations and other special purpose vehicles set up by Government agencies should be rethinking their insurance now.

Be alert but not alarmed: misfeasance in public office

By John Carroll and James Stellios.

Claims of misfeasance in public office may increase in tougher economic times, say John Carroll and James Stellios, but good decision-making processes go a long way to protecting government officers.

Dealing with the insolvency of government-funded bodies

By Brian O'Callaghan and Lyndal Buik.

Recovering government funds from an insolvent entity can be an arduous, and often fruitless, process. Brian O’Callaghan and Lyndal Buik set out the problems - and some solutions.

Survey of Senate Estimates and other Parliamentary Committees

By Philip Harrison.

Philip Harrison surveys the foundations of Senate Estimates and other Parliamentary Committees, a sound understanding of which is essential for effective participation in their processes.

Amendments to the Commonwealth's Legal Services Directions: Part 2

By Michael Palfrey.

In our last edition, we highlighted the Commonwealth Governmwent's first wave of reforms to the Legal Services Directions. Since then, further reforms have been implemented, significantly changing how the Commonwealth purchases its legal services, as Michael Palfrey explains.

Can a State or Territory tribunal hear a dispute involving the Commonwealth?

By James Stellios.

James Stellios looks at the tricky problem of whether it is constitutionally permissible for a State or Territory tribunal to exercise its jurisdiction over the Commonwealth or its officers.

Risky business: Directors’ and officers’ liability and insurance - are you covered?

By Mark Waller and Paul Miller.

Recent trends suggest that the previously soft D&O market may be starting to harden. But there’s still scope to negotiate favourable policy terms, argue Mark Waller and Paul Miller.

Profile: Lyndal Buik

Lyndal Buik specialises in funding agreements/structures, including drafting complex capital works and equipment funding agreements and advising on taxation issues.

Profile: James Stellios

James Stellios is an Associate Professor at the Australian National University, and a Consultant to Clayton Utz.

Key Contacts

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