The NSW Court of Appeal has issued an important reminder to local councils about the need for clarity in tender documents. In Port Macquarie-Hastings Council v Diveva Pty Limited [2017] NSWCA 97, the Court considered the proper construction of an option to extend…
The recent New South Wales Court of Appeal (‘Court‘) decision in Secure Parking Pty Ltd v Woollahra Municipal Council [2016] NSWCA 154, is one of the few cases which deals with the creation of a contract in the context of Part 7 of…
Can an offer be altered in a tendering context?
21 Apr, 2015
A recent Supreme Court decision provides some guidance as to the extent to which it is open for a tenderer to vary the terms of its offer after submission of its response to an invitation to tender, and at what…
Council’s Obligations to Contractors
2 Apr, 2015
The NSW Court of Appeal has recently delivered judgement in the case of Central Darling Shire Council v Greeney [2015] NSWCA 51 which confirms the duty of care a council owes to its contractors.
The Land and Environment Court of NSW has recently handed down a decision in SOCARES Support Group Inc v Cessnock City Council [2012] NSWLEC 23 in which the Court considered the “extenuating circumstances” and “unavailability of competitive or reliable tenders”…
Consumer Laws and Councils
8 Apr, 2011
From 1 January 2011 the provisions of various statutes dealing with consumer protection were consolidated into the Australian Consumer Law (ACL), which is contained in Schedule 2 to the Competition and Consumer Act 2010 (formerly the Trade Practices Act 1974)….