The Public Law & Commercial (Advisory) practice group advises NSW Government agencies in relation to issues of constitutional law, administrative law and statutory interpretation, as well as in relation to areas of commercial law that apply to NSW Government agencies.
The practice group’s expertise includes matters involving:
- constitutional challenges to government action and legislation, including on behalf of the NSW Attorney General as intervener under the Judiciary Act 1903 (Cth)
- a wide range of constitutional law, statutory interpretation and administrative law issues, including in relation to the statutory functions and obligations of public sector agencies and law enforcement agencies
- government procurement, including compliance with the NSW Procurement Board Directions
- public finance, including advice on regulatory obligations, grants and funding arrangements
- Crown copyright, including identifying Crown copyright material and advising in relation to the licensing or assignment of Crown copyright
- significant commercial transactions, such as major infrastructure projects or asset divestments.
Key areas of expertise: constitutional law; administrative law advice; statutory interpretation; commercial law advice; contractual drafting; intellectual property; public finance law.
Examples of our work for clients
- Acting for State of NSW or the NSW Attorney General in significant constitutional cases in the High Court of Australia, including:
- Vanderstock v Victoria [2023] HCA 30
- Hornsby Shire Council v Commonwealth of Australia [2023] HCA 19
- Unions NSW v New South Wales [2023] HCA 4
- SDCV v Director General of Security [2022] HCA 32
- Garlett v Western Australia [2022] HCA 30
- Farm Transparency International Ltd v New South Wales [2022] HCA 23
- Citta Hobart v Cawthorn [2022] HCA 16.
- Complex advice and assistance to government agencies on a broad range of questions concerning exercises of public power and government involvement in commercial and financial activity.
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