We produce this specialist newsletter to keep you informed
on significant developments in commercial law.
The commentary is prepared by AGS commercial lawyers and
covers areas such as competitive tendering and contracting,
corporate governance, property and construction, environment,
international, technology and intellectual property law.
No. 35 |
Managing government contracts through financial distress (25 October 2011 ADVANCE ISSUE) PDF 435Kb |
No. 34 |
Examines the development of the concept of good faith in contracting and considers where this concept might eventually lead to in the context of government contracting. (21 July 2010) PDF 150Kb |
No. 33 |
Looks at ways that agencies and authorities can obtain security for the payment of debts, with a particular focus on mortgages and charges. (9 November 2009) PDF 257Kb |
No. 32 |
Looks at novation and assignment of agreements generally as well as issues to be considered when deciding whether to agree to a novation or assignment (15 July 2009) PDF 543Kb |
No. 31 |
Examines the High Court decision in Copyright Agency Limited v State of NSW and the implications of that decision for government agencies. (25 June 2009) PDF 561Kb |
No. 30 |
Examines the recommendations of the Australian Government consultation paper on the UN Convention on the Use of Electronic Communications in International Contracts. (21 April 2009) PDF 262Kb |
No. 29 |
Discusses the Personal Property Securities Bill 2008, which, if enacted, will reform laws concerning security interests taken over personal property in Australia. (2 September 2008) PDF 212Kb |
No. 28 |
Discusses the identification and protection of intellectual property for an IP review and policy development process, the allocation of intellectual property ownership and licence rights, common issues in negotiating IP ownership and licensing, and commercialisation of intellectual property. (25 July 2008) PDF 379Kb |
No. 27 |
Discusses some of the issues to consider
in relation to non-fault-based termination or reduction,
often referred to as ‘termination or reduction
for convenience’. (3 June 2008) PDF 213Kb |
No. 26 |
Focuses on a range of current legal
issues in information and communications technology
procurement. (8 May 2008) PDF
345Kb |
No. 25 |
Discusses moral rights management,
the SourceIT model contracts, and the protection
of confidential information. (11 January 2008) PDF
292Kb |
No. 24 |
Discusses the development of agency
IP management policy, issues for agencies to consider
when commercialising new technology, domain name
registration and measures that can be taken to protect
domain names, and practical commercial issues that
arise for enforcing trade marks. (30 June 2007) PDF
319Kb |
No. 23 |
Discusses the new proportionate liability
legislation that has recently been introduced in
all Australian states and territories. (30 May 2007) Please
note that a postscript was added to this Commercial
Note on 30 October 2007. PDF
448Kb |
No. 22 |
Covers issues regarding the contract
management phase of a goods or services contract
under the purchaser/provider model, the ‘standard’ form
of Commonwealth procurement. (updated 28 June 2010) PDF
507Kb |
No. 21 |
Contains articles on the procurement
of construction services, market rent review provisions,
and current leasing issues for Commonwealth property
managers. (14 December 2006) PDF
244Kb |
No. 20 |
Discusses recent amendments to the Telecommunications
(Interception) Act 1979 (Cth). The author also
analyses the new telecommunications interception
and access regime and its implications for employers
and network administrators. (19 September 2006) PDF
317Kb |
No. 19 |
Discusses the intrinsic features
and use of grants and funding agreements in the public
sector, establishing and managing funding relationships,
and ending the funding relationship. (29 May 2006) A
new note, Legal
Briefing No. 83, has been published to take account
of recent developments. |
No. 18 |
Firstly discusses the CLRC report
on Crown Copyright and its practical implications
for agencies and then looks at issues in commercialising
intellectual property and commercialisation and confidentiality.
(24 February 2006) PDF 569Kb |
No. 17 |
Firstly discusses the purpose and
effect of the Workplace Surveillance Act 2005 (NSW),
looking at the extent to which it will apply to Australian
Government agencies, and then examines fitout and
make-good issues in Commonwealth property management.
(5 October 2005) PDF 125Kb |
No. 16 |
Features five articles relating to
property and infrastructure covering the application
of State laws to infrastructure projects, the new
Commonwealth Procurement Guidelines, selecting a
method for infrastructure funding, key issues relating
to private financing, and the precommitment lease.
(10 June 2005) PDF 711Kb |
No. 15 |
Examines issues which often arise
in the context of government procurement. It deals
with the roles of probity/process advisers and probity
auditors, the circumstances in which probity services
are needed, and the type of probity role which agencies
may require. (14 March 2005) PDF
617Kb |
No. 14 |
Highlights some examples of recent
anti-competitive and cartel conduct engaged in by
companies dealing with the public sector. Such unlawful
activity has the potential to substantially increase
costs to the public sector. The issue lists some
warning signs of anti-competitive behaviour and what
agencies can do if they suspect it may be occurring.
(24 February 2005) PDF 663Kb |
No. 13 |
Discusses the impact of recent amendments
to the Telecommunications (Interception) Act 1979 made
by the Telecommunications (Interception) Amendment
(Stored Communications) Act 2004. The issue also
reviews aspects of the Spam Act 2003 and the Privacy
Act 1988, looking at IT and acceptable use policies,
in particular Internet and email monitoring. (8 February
2005) PDF 528Kb |
No. 12 |
Discusses the recent decisions of
the High Court in Toll and Equuscorp,
which are timely reminders for anyone entering into
a contract to ‘read the small print’.
(29 November 2004) PDF 573Kb |
No. 11 |
Highlights some recent cases which
impact on government tendering and contracting. (7
September) PDF 131Kb |
No. 10 |
Describes measures set out in the
Australia – United States Free Trade Agreement
on government procurement and intellectual property
rights and discusses the likely implications for
clients. (23 June 2004) |
No. 9 |
Highlights the need for departments
and agencies to have effective IP management policies
in place, and discusses issues in copyright licence
agreements and the implications of the Spam Act.
(6 April 2004) PDF 124Kb |
No. 8 |
Discusses the decision in GEC
Marconi Systems Pty Limited v BHP Information Technology
Pty Limited and its implications for Australian
Government agencies. (17 January 2004) PDF
777Kb |
No. 7 |
Discusses construction guarantees
and the repercussions of a Victorian Supreme Court
case (Rejan Constructions Pty Ltd v Manningham
Medical Centre Pty Ltd), plus whether probity
advice is privileged, defamation on the web and private
financing in the Commonwealth (23 April 2003) PDF
734Kb |
No.
6 |
Discusses standardisation of Australian
Government funding agreements, termination of contracts
for non-performance (Sirway Asia Pacific Pty Ltd
v Commonwealth), and termination of contracts
for convenience clauses (27 November 2002) PDF
618Kb |
No.
5 |
Discusses legal and probity issues
in tendering (Cubic Transportation Systems v New
South Wales), the new version of the Commonwealth
National Lease, and implications of the Privacy
Amendment (Private Sector) Act 2000 (30 August
2002) PDF 771Kb |
No.
4 |
Discusses the revised Commonwealth
Procurement Guidelines, the nature of a legal relationship
under a grant, and aspects of alliance contracting
by government (28 November 2001) PDF
179Kb |
No.
3 |
Discusses how outsourcing might affect
employee entitlements, the legal implications of
hyperlinking on websites, aspects of the Copyright
Amendment (Moral Rights) Act 2000, and the relevance
of certification trademarks to the Commonwealth (14
September 2001) PDF 614Kb |
No.
2 |
Discusses precommitment leases to
meet accommodation requirements, defamation on the
Internet, implications of the Gene Technology
Act 2000, and the application of state building
and construction laws to Australian Government construction
contracts (30 March 2001) |
No.
1 |
Discusses some effects the goods
and services tax will have on the Australian Government,
effective tender evaluation processes, progress on
the Gatekeeper Project (public key technology), and
the legal status of administrative procedures made
under the Environment Protection (Impact of Proposals)
Act 1974 (Randwick City Council v Minister
for the Environment) (10 May 2000) |
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