The legal nature of government contracts

Abstract

This thesis deals with the legal nature of government contracts in Australia. It deals with the law relating to and governing federal contracts. The scope of this body of law is broad and somewhat complex. It includes several aspects of constitutional law relating to the structure and operation of the government as well as a substantial amount of law that might normally be categorised as sales or contract law. Contracting for supplies and services is only one of the several means by which the government can satisfy its needs. The government can perform the work itself, the supplies can be requisitioned or the right of eminent domain can be invoked. These alternate techniques have all been used at one time or another, especially during periods of crisis or emergency. Under normal circumstances, however, the government has chosen to fulfil the vast majority of its needs by contracting for them - the method most consistent with a private enterprise economy.