AACL Victorian Seminar Series - Government Contracting Power: England and Australia

Thursday, 22 January, 2015 - 12:00 to 13:00

Presenter:  David Heaton (MPhil candidate, University of Oxford)

Chair:  Professor Simon Evans, Pro Vice-Chancellor (International) (University of Melbourne)

Commentators:  Kathleen Foley (Victorian Bar); Nick Wood (Victorian Bar)

Venue:  Neil McPhee Room, Level 1, Owen Dixon Chambers East, 205 William Street, Melbourne

This event is CPD accredited

About the presentation:

This presentation will examine the source and limits of government power to make contracts, such as the contracts involved in Victoria's controversial East West Link project.  It will be based on a draft thesis that compares English and Australian law, examining both federal and State power in Australia.

This presentation will critically examine two theories of government contracting power that have currency in England and consider their potential application to Australia: the 'third source' explanation of non-prerogative powers, espoused most prominently by Professor B V Harris, and the conception of the Crown as a corporation sole, advanced by Sir William Wade and Professor Forsyth but trenchantly criticised by Maitland (and others).  It will also tentatively advance a conception of contracting power, having particular regard to the considerations in the Williams v Commonwealth decisions that might place previously unrecognised restrictions on this power.

About the presenter:

David Heaton is currently completing an MPhil at St John's College, Oxford, having completed the BCL in 2013-14.  David was previously a Solicitor at King & Wood Mallesons, an Associate to the Hon Justice Hayne AC and an Associate at the Boston Consulting Group, based in Melbourne.  He completed his BA/LLB at the University of Melbourne in 2009, receiving the Supreme Court Prize.  He will commence pupillage at Brick Court Chambers, London, in September 2015.

Registration:  Please click here.