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ARTICLE · 27 JUNE 2022

Local government contracts awarded under tender - possible disputes

HHG Legal Group
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Possible claims that a disgruntled unsuccessful tenderer could potentially bring against a local government in WA.

AustraliaGovernment, Public Sector
Murray Thornhill
Murray Thornhill
Julia McCullagh
Julia McCullagh
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Following on from the most recent article by the HHG Legal Group Local Government Team looking at process contracts, this article examines other possible claims a disgruntled unsuccessful tenderer could potentially bring against a local government. This article examines claims based on:

  • A contract being "void for illegality"
  • Promissory estoppel
  • The awarding of a tender as a decision subject to judicial review

In Western Australia, section 3.57 of the Local Government Act 1995 and the Local Government (Functions and General) Regulations 1996 prescribes the procedures required to be followed when a local government invites tenders for goods or services. This includes requirements that

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