Insights and Articles

Force majeure is a common term used to describe contractual provisions which address events that may delay, affect or prohibit the performance of contractual obligations by either party.

The Department of Finance’s recent Procurement Policy Note serves as a reminder that the Commonwealth must consider a potential supplier’s relevant experience and performance history when assessing value for money under the Commonwealth Procurement Rules (CPRs). This consideration can extend to a supplier’s unethical behaviour in previous contracts.

On 24 April 2023, the Department of Defence released the Defence Strategic Review. In this article, we explore the key recommendations, themes, and implications arising from the DSR in the Cyber and C4 domain.

On 24 April 2023, the Department of Defence released the Defence Strategic Review. In this article, we explore the key recommendations, themes, and implications arising from the DSR in the Land domain.

On 24 April 2023, the Department of Defence released the Defence Strategic Review. In this article, we explore the key recommendations, themes, and implications arising from the DSR in the Maritime domain.

On 24 April 2023, the Department of Defence released the Defence Strategic Review. In this article, we explore the key recommendations, themes, and implications in the Air and Space domains.

On 24 April 2023, the Department of Defence released the Defence Strategic Review. This will have profound implications for the strategic and capability landscape within Australia for decades. Across this DSR series, we explore the outcomes and practical issues to be addressed through the implementation of the DSR.

In the first of our series of Defence Act Reform Alerts, we introduce the new Defence legislative reform project and its objectives.

In this Brief, our team analyses the origins and current law applying to the principle of consequential losses. In particular, best practice in drafting exclusions of consequential loss in contract.

In this brief, Aldermane explores the origins, considerations, and pit-falls of the right to terminate a contract for convenience - particularly, in a Government context.

In this Brief, we explore the benefits and risks of utilising collaborative industry approaches (and contracting models) in the procurement process for Government supplies and services.

In this Brief, we explore the principles underpinning Defence's approach to liability and risk in major projects.

In this Brief, our team explores the various methods for executing documents in Australia. In particular, the electronic execution of deeds and agreements by the Commonwealth, corporations, and individuals.

On 5 September 2022, the Commonwealth Contracting Suite (CCS) was updated to incorporate new clauses into the Approach to Market, Contract and Purchase Order Terms.

Managing complaints and challenges under the Government Procurement (Judicial Review) Act 2018 (Cth)

ITARs and export controls considerations for Australian Defence procurement.

The Commonwealth Procurement Rules were updated, effective from 1 July 2022.