Greg's Blog

Australian Judicial Review of Procurement Bill ?

Proposal to give jurisdiction to Federal Circuit Court and or the Federal Court of Australia to deal with certain procurement disputes by grant of injunction or order for payment of damages by way of compensation in relation to a contravention of relevant Commonwealth Procurement Rules for certain types of procurement.

Contract Penalty / Liquidated Damages Law ?

HCA decided, consistently with lots of former case law, that where “damages” are very hard to calculate, an agreed amount will be enforceable unless extravagant or unconscionable.

Insurance Exclusions Shifting Risk to NDIS?

One can only hope that insurers will not see use of exclusions as a mechanism to reduce risk exposure and at the same time increase the field of operation and cost of NDIS.

Public Interest Immunity & Tribunals

For some time it has been assumed that public Interest Immunity (PII) applied to Australian Tribunals as well as Courts. In April 2016 the Full Court of the Federal Court of Australia (FCFCA) gave a reasoned decision as to the parameters within which that principle...