Government Insights

12 April 2010

Welcome to the April edition of Government Insights, in which we'll examine some important developments in administrative law, and what they mean for decision-makers.

We'll also look at two issues in government procurement - direct sourcing and the implications of the recent BSkyB v EDS case - and the ALRC's recommendations for the future of Federal public inquiries.

The High Court retreats from a rigid application of statutory procedural fairness provisions

By John Carroll.

Three migration cases have cast further light on how statutory procedural fairness provisions operate, says John Carroll, and the result is greater scope for reaching workable and sensible outcomes.

The demise of state privative clauses: Kirk v Industrial Court of New South Wales

By James Stellios.

The High Court has sounded the death knell for privative clauses at the State level, as James Stellios explains.

Judicial review of refusals to make act of grace payments: When is it possible?

By Michael Palfrey and James Stellios.

Michael Palfrey and James Stellios look at whether a refusal to make an act of grace payment is subject to judicial review.

Is your direct sourcing justified?

By Alexandra Wedutenko and Georgia Weichert.

When can an agency direct source - and how does it make that decision? Alexandra Wedutenko and Georgia Weichert review the rules and set out the key things to remember.

Australian Law Reform Commission report on Royal Commissions

By Philip Harrison.

Could a cheaper and quicker form of public inquiry be established at the Federal level? Quite possibly, if the ALRC's recommendations are accepted, as Philip Harrison explains.

BSkyB v EDS - unrealistic sales promises could cost EDS ₤200M

By Simon Newcomb and Andrew Hynd.

The high-profile case of BSkyB v EDS has aroused a lot of interest in procurement circles. Simon Newcomb and Andrew Hynd discuss the case, the lessons for Government procurement - and the mysterious role of Lulu the dog.

Profile: Steven Power

Steven Power is a well-known member of our Government Services team - and our newest partner.

Profile: Will Sharpe

Will Sharpe has recently joined Clayton Utz' Government Services team.

To view claytonutz.com correctly, you should upgrade your browser