Commercial notes

As this is an online archive of AGS's Commercial notes, some links in older issues may no longer work.

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No. 42 Termination of Commonwealth contracts (19 November 2018) PDF 233Kb
No. 41 Managing government contracts through financial distress (19 November 2018) PDF 290Kb
No. 40 Termination of Commonwealth contracts (18 July 2017) PDF 274Kb This issue has been superseded by Commercial notes No. 42
No. 39 Novation and assignment of contracts (19 May 2017) PDF 210Kb
No. 38 Proportionate liability (updated 16 November 2015) PDF 316Kb
No. 37 Termination of Commonwealth contracts (19 September 2013) This issue has been superseded by Commercial notes No. 40
No. 36 Planning for Commonwealth construction and fit-out projects (5 March 2013) PDF 188Kb
No. 35 Managing government contracts through financial distress (31 May 2012) PDF 208Kb This issue has been superseded by Commercial notes No. 41
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issues to be considered when deciding whether to agree to a novation or assignment (15 July 2009) This issue has been superseded by Commercial notes No. 39
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 (2 September 2008) This issue has been superseded by Legal briefing No. 96
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) This issue has been superseded by Commercial notes No. 40
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. This issue has been superseded by Commercial notes No. 38
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)

ISSN 1443-9549 (Print)
ISSN 2204-6550 (Online)