The Federation Press

Government Law and Policy

Commercial aspects


This topical book focuses on select aspects of government law and policy which significantly affect the commercial/business sectors or which involve government in these sectors.

Written with a strong practical focus, it covers law, policy and practicalities at all levels of government. Commercial lawyers who act for or against government, government lawyers and government officials and policy advisers will find this new volume indispensable.


“The book is clearly comprehensive in its coverage and instructive for a wide range of persons on both sides of the contract and advising desks. Current matters provided some focus and established the depth of coverage. Misfeasance in public office and the requirement for probity in government contracting is such a matter, and the text provides substantive reading as the standards to be expected. ... Some of the other topics explored are local government, native title and liability of government officers.
The limits of crown immunity and liability for negligence of government officials are subjects carefully exposed in this area. Check lists for review and advising in the general area of crown immunity are provided.
This text is invaluable reading ...” - Ethos (Law Society of the ACT), May 1999

“[P]articularly useful for government lawyers as well as legal advisers to government or government agencies, as well as private-sector lawyers whose clients have dealings or disputes with government agencies.
... there is a particularly useful chapter on some common legal issues arising from corporatisation and privatisation ... Another topical chapter, that on government tendering, includes an analysis of the important 1997 decision of Hughes Aircraft... Other topics include freedom of information, copyright and intellectual property rights in relation to governments, local government dealings, native title implications and the personal liability of government officers.
I recommend the book to lawyers working in this area ...”
- Brief (Law Society of WA), October 1998

“[Government Law and Policy is] directly relevant to legal practice, and is certain to become recognised as an authoritative text on select aspects of government law and policy for some time to come.” - Law Society Journal (NSW), April 1999

Table of Contents

International & Transnational Influences on Law & Policy Affecting Government
B Horrigan and Brian Fitzgerald

Corporatisation, Privatisation and Other Strategies: Common Legal Issues
D McGann

Current Issues in Goverment Tendering & Contracting Practice
D Young

Government Decision Making: Freedom of Information and Judicial Review
WB Lane; N Dixon

Government and Rights-Protection in Commercial Contexts
S Fisher

The Commercial Dealings of Australian Local Governments
A Hood

Native Title: Implications for Law, Policy and Land Management
S Young

Sources and Limits of Crown Immunity, Governmental Liability and Legislative Invalidity
B Horrigan

Personal Liability of Goverment Officers in Tort and Equity
T Cockburn

Reliance Upon Government Information: Select Issues
WD Duncan

Government, Trade Practices Liability & the National Competition Policy Reform Package
S Corones

Table of Cases
Table of Statutes

Of interest...