Local Government

Our specialist local government practice is the foundation of our commitment to the public sector. We support over200 local government bodies and authorities, both through panel and off-panel appointments. With a strong track record and a reputation for delivering high-quality legal advice and representation, we’re proud to serve local governments effectively.

EXPERIENCE & EXPERTISE

Our multi-disciplinary government team can assist our local government clients with:

Local government & administrative law
Commercial & contracts
Construction & projects
Litigation, including alternative dispute resolution and model litigant obligations
Planning & environment
Property & development
Workplace law, including industrial relations and workplace health & safety
Privacy, data protection & cyber security
All classes of insurance law, including personal injury, workers compensation and liability
Native title and cultural heritage.

Local Government & Administrative Law

We advise on a wide range of local government and administrative law matters. We provide considered and practical legal advice with:

Strong litigation expertise - We excel in defending and challenging administrative decisions, often appearing as Counsel
Comprehensive advisory skills - Our experience includes complex statutory interpretation, legislative and other drafting, and supporting clients in their response to Freedom of Information requests
Public sector insights - Our advice and representation is informed by our deep understanding of the public sector environment.

We assist with internal reviews of decisions and decision-making processes, and we prepare submissions and reports for third-party agencies (such as the Crime and Corruption Commission, Office of the Independent Assessor and the Office of the Information Commissioner).

Additionally, we help local government clients navigate Freedom of Information applications and issues relating to third-party document disclosures and associated review rights. Our significant experience includes advising on statutory orders for review, obtaining statements of reasons, preparing and filing applications, and seeking urgent interim stays for decisions while awaiting court hearings.

Commercial & Contracts

Our team works with a diverse array of public and private sector clients across Australia, including numerous local government entities, and provides comprehensive advice on various commercial and contracts law matters. We assist local government clients with:

Commercial contracts
Funding agreements
Procurement contracts and tendering
Intellectual property, IT and innovation
Construction contracts

We offer strategic governance and contractual guidance on major projects, along with training for local government staff on contract management, compliance and competition law principles.

Construction & Projects

We provide comprehensive advice on construction, infrastructure & projects law for government, guiding clients through every stage of the construction cycle, leveraging our extensive experience to address council objectives.

Our front-end advisory services cover the entire procurement process, including planning, development, award and contract management. We have substantial experience managing legal and commercial risks for a wide range of projects, from large residential and hotel & leisure developments, landmark commercial buildings, renewable energy, utilities, education projects, mining and heavy industry infrastructure, sports stadiums and government assets. For infrastructure projects, we advise on civil works, roads implementation and utility services.

We also specialise in security of payment legislation and represent clients in every Australian state and territory in adjudications. Our dispute resolution team effectively resolves issues through litigation, arbitration, mediation, expert determination and alternative dispute resolution.

With an unparalleled background in local government and a keen understanding of procurement and tendering probity, our lawyers provide essential legal and probity support for significant projects undertaken by local governments. This ensures transparent and fair processes achieve favourable commercial outcomes while protecting all parties’ interests.

Litigation & Dispute Resolution

Our litigation & dispute resolution team has the knowledge and expertise to handle all types of disputes relevant to local government. Our track record includes participation in leading cases involving public sector governance, commercial disputes, general litigation, insurance and liability, industrial relations and Supreme Court reviews.

We are a key provider of litigation and dispute resolution services to local government and the Commonwealth of Australia. Many of our lawyers have more than two decades’ experience representing state and federal agencies, giving us deep knowledge of public sector litigation. Additionally, we serve a diverse clientele, including large corporations, financial institutions, accounting and real estate firms and high-net-worth individuals in significant commercial litigation matters.

Our practitioners regularly appear in all Australian jurisdictions, including the High Court, Federal Courts, Supreme Courts and Courts of Appeal, District Courts, Land & Environment Court, and various tribunals.

This broad litigation experience allows us to effectively tackle unique challenges and achieve successful outcomes for our clients.

Planning & Environment

Our strong reputation in planning and environmental law is built on our extensive work with local councils across the country. We have a deep understanding of the broad range of laws relevant to:

Assessing matters affecting the environment
Evaluating the impact of development on specific areas
Managing activities that affect the environment during development.

Our broader capabilities include:

Interpreting and advising on relevant statutory provisions
Representing clients in planning and valuation appeals and environmental prosecutions.
Negotiating resolutions to complex issues
Drafting documents, clauses and provisions for environmental protection, pollution, contamination and remediation
Advising clients and their directors and officers on responsibilities under applicable State laws
Assisting with all aspects of the planning appeal process, including applications, briefing experts and counsel, disclosure, expert conclaves and mediation
Representing clients in toxic tort and nuisance litigation.

Property & Development

We bring extensive experience to local government having handled thousands of property matters over many years. Our clients include local, state and federal government organisations, major construction companies, financiers, infrastructure project managers, property developers and landowners.

Our team offers advice and guidance on:

Property and land sales and purchases, including vacant freehold land for community organisations
All types of property development, including industrial, commercial, residential subdivisions, urban redevelopment and transit-orientated projects
Commercial, retail, agricultural and residential leases and licences, including trustee leases and permits and license agreements
Negotiating sale and leaseback structures
Mixed-use high-rise and community development projects with layered strata schemes
Development strategies for undeveloped or partially developed land parcels and part-building strata projects
Advising councils on transferring valuable non-current assets and considering exemptions
Building disputes over defective works with original builders
Implementing rectification works, including multi-stage contracts and compensation agreements
Drafting, negotiating, exchanging, settling and administering contracts for sale for all types of Torrens and Old System titles
Compulsory acquisition and valuation appeals
Managing Crown and public land
Contaminated land and environmental law issues
Planning agreements, development applications and planning appeals
Titling arrangements, easements and restrictive covenants
Property due diligence for large-scale commercial and retail acquisitions
Property financing, stamp duty and related tax issues
Outdoor dining and liquor licensing.

Workplace

Our extensive expertise spans all stages of the employment cycle with our team handling numerous complex and sensitive matters for local government employers. This enables us to provide advice aligned to local governments’ strategic objectives.

We regularly advise employers on their rights and responsibilities while developing employment strategies, contracts, policies and training materials to manage risks and enhance performance. We advise and represent local government clients in industrial relations matters and workplace disputes, including proceedings in state industrial relations commissions and relevant courts and tribunals.

Our team also has a strong background in workplace safety and a proven track record in helping employers with risk management and compliance strategies. We assist clients in navigating changes in the regulatory environment and responding to workplace incidents.

Privacy, Data Protection & Cyber Security

Our team is well-versed in the ranger of privacy issues related to personal information held by local government. We advise on privacy matters including under state-specific legislation, including:

Data collection, storage and disclosure processes, including responses to GIPA / FOI requests
IT contracts, including procurement, licences, supply contracts, cloud services agreements, SaaS contracts and service level agreements
Disputes involving IT rights, privacy and confidentiality breaches
Notifiable data breaches, spam, health records and general privacy obligations
Policies and terms & conditions for online and electronic marketing campaigns, including website privacy policies and privacy law implications of marketing efforts
Non-disclosure agreements for commercially sensitive activities
Complaints to the regulators regarding privacy issues
Managing employment records and processes for storage and sharing personal information.

Insurance law

Moray & Agnew is a market leader in risk management and liability insurance claims. Our clients include major Australian and international insurers, underwriters, brokers, self-insurers, reinsurers, and government insurers (federal, state and local). In particular, we have considerable and experience and expertise providing advice and representation to local councils and state-owned organisations across the country.

Our track record acting in liability claims for local, state and federal governments over many years has enabled us to develop close working relationships with relevant claims staff and the risk managers within these organisations. We have gained valuable insights into the operating environment and workings and philosophies of local government and have the necessary skills to provide advice in relation to injury and damage claims by third parties against local councils, together with compensation claims brought by injured workers, with a view to resolving claims in their infancy where possible.

Our team regularly provides advice on litigated and non-litigated matters, including:

Personal injury and property losses
General property damages claims
Recovery matters
Contractual claims for indemnity
Contribution and intra-government disputes
Professional indemnity claims
Workers Compensation

We provide efficiency in handling, expertise in addressing claims and experience in finalising litigated and unlitigated claims. We are often briefed for WHS prosecutions, investigations and coronial inquests, as well as related personal injury claims and can handle matters from start to finish. Our team brings a practical and commercial approach to dispute resolution, which focuses on minimising costs, reducing risk and proactively resolving disputes.

Our lawyers are committed to excellence in managing claims and conducting any related litigation. This is evidenced by an impressive depth and spread of expert insurance law practitioners and the good outcomes we achieve for our clients. The team has successfully defended the interests of insureds in a number of trials and also specialises in achieving short durations and certainty. This is achieved by running bulk conference periods and working with clients on special targeted projects aimed at finalisation of matters though alternate processes.

Native Title & Cultural Heritage

Our team is well-versed in addressing native title and indigenous cultural heritage issues faced by local governments. Our experience includes:

Advising on the protection of community and private infrastructure impacted by native title claims
Exploring development options for public and private infrastructure on non-exclusive land
Conducting strategic native title and cultural heritage due diligence and compliance assessments for major projects
Negotiating and registering Indigenous Land Use Agreements for community and private infrastructure under the Native Title Act 1993 (Cth)
Assisting local governments in complying with the Cultural Heritage Duty of Care and related guidelines
Negotiating cultural heritage agreements and management plans
Supporting local governments and landholders involved in investigations and offences under the relevant cultural heritage Acts
Representing local governments in responding to native title claims
Mediating disputes before the Federal Court and Land & Environment Courts
Representing local governments in native title and cultural heritage matters in the Federal Court and Land & Environment Courts.

STANDOUT SERVICE & RESULTS

We have a deep understanding of the unique challenges local governments face within their legislative, community and financial contexts. Our problem-solving approach has driven our growth and success in delivering legal services to the local government sector.

We prioritise building strong relationships, responsiveness and delivering consistently high-quality advice and representation.

We excel at defending, securing and promoting local government interests through our legal expertise. Our goal is to proactively position local government to minimise the impact of emerging risks.

Our systems and processes are best-in-class and can easily align with local government requirements. Our scalable delivery capability ensures that our clients can rely on us for leadership, infrastructure and resources to implement a consistent and dependable approach.

Our expertise in local government is reflected in our panel appointments, which include:

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