Statutory authority to contract and the role of judicial review

This paper considers the availability and role of judicial review of government contracting. It looks at the implications of the shift to statutory authority to enter into contracts required after the decision in Williams v the Commonwealth [2012] HCA 23. A number of recent cases have suggested that the availability of judicial review may extend to circumstances akin to the entry into contracts even in the absence of an effect on legally recognised rights and duties, and this may expand the scope of obligations involved and range of interests potentially protected. However, the scope of judicial review of government contracting remains limited, suggesting that accountability for implementation and impact of government contracts will remain primarily political in nature.