Publications

Free download


Publication Areas

  • Tendering for government business
  • Probity
  • Case study in government tendering
  • Body corporate & community management Law
  • Planning and environment law
  • Laws regarding water management
  • Retail and commercial leasing
  • South East Queensland Regional Plan


Tendering Government

Tendering for government business: Process contracts, good faith, fair dealing, and probity. (Lindsey Alford & Eden Bird)

  • Commonwealth Procurement Guidelines
  • Local Government Act 2009 (Qld)
  • State Procurement Policy (Qld)
  • Trade Practices Act 1974 (Commonwealth)
  • Competition and Consumer Act 2010 (Commonwealth)

'Both the potential for corruption, and the risk of flawed processes have given momentum to the trend towards a focus on 'probity' in government procurement, on a State and Federal level. Probity concerns the transparency, accountability, and procedural fairness and integrity of a procurement process'

Download PDF (190KB)



Tendering Government - Case Study

Government Tendering - Case study analysis to avoid repetition of past problems

  • State Procurement Policy - September 2010
  • Public Sector Ethics Act 1994
  • Crime and Misconduct Act 2001
  • Criminal Code 1899
  • Fair Trading Act 1989
  • Right to Information Act 2009
  • Commercial and Consumer Act 2010

'an insight into how the government lawyer can assist his department or agency to avert risk and avoid legal confrontation in the procurement of goods and services irrespective of the urgency or other imperatives placed upon the officers of his department or agency'

Download PDF (100KB)



Body Corporate

The Rights and Obligations of Lot Owners and Bodies Corporate: Recent Developments.

  • Body Corporate and Community Management Act 1997 (Qld)
  • Body Corporate and Community Management and Other Legislation Amendment Act 2007 (the Amendment Act)

'The BCCMA scheme creates an ostensibly "democratic" voting structure for body corporate activities, broadly comparable to the position of shareholders in a company. Lot owners have certain entitlements and financial responsibilities concomitant with the size of their holdings, and a body corporate committee is elected with certain management functions comparable to a board of directors.'

Download PDF (75KB)



Power of Declaration

Does the Court's Power of Declaration make it better?

  • Integrated Planning Act 1997 (Qld)
  • Sustainable Planning Act 2009 (Qld)

'The power given to the Planning and Environment Court is wide, flexible, arguably exclusive to that Court, and significant. An application made under the act is a powerful weapon in the hands of participants in our industry, be they a proponent, an opponent, a community interest group'

Download PDF (490KB)



Property of Water

Dealing in the Property of Water in Queensland: Regulating an Emerging Water Market

  • The Water Act 2000 (Qld)
  • Water Amendment Act 2006 (Qld)

''The market in water must operate within the National Strategy and be regulated by government. The process of reform creates a statutory structure that integrates economic, social and environmental outcomes by establishing interrelated market, regulatory and planning mechanisms.'

Download PDF (130KB)



Dispute Trends

Dispute Trends in Retail and Commercial Leasing.

  • Retail Shop Leases Act 1994 (Qld)
  • Queensland Civil and Administrative Tribunal Act 2009 (Qld)

'One of the primary objects of the Retail Shop Leases Act (1994) is to provide low cost resolution for retail tenancy disputes.'

Download PDF (115KB)



SEQ Regional Plan

SEQ Regional Plan - Some Key Issues.

  • South East Queensland Regional Plan (SEQRP)
  • Integrated Planning Act 1997
  • Integrated Planning Regulation 1998
  • Local Government (Planning and Environment) Act 1990
  • Local Government Act 2009

'At the outset the Government made its intentions clear that development outside the Urban Footprint would be closely monitored and subject to stricter planning controls. The regulatory provisions are the gears in the hands of the regulators to exercise those stricter controls.'

Download PDF (35KB)