Insights

Strategic Enabler — Strengthening Council Capability Across NSW Over the coming weeks Muscat Tanzer will be turning our attention from Western Australia to New South Wales and delivering an article Series we have called Procurement as a Strategic Enabler – Strengthening Council Capability Across NSW. Procurement within NSW local government has historically focused on compliance —...

What the Upcoming Queensland Procurement Policy Means for Local Government As always, the draft Queensland Procurement Policy (QPP) 2026 does not apply to local governments, including councils. For many councils, this may suggest that the policy is largely irrelevant to their day-to-day procurement operations under the Local Government Act 2009 and Local Government Regulation 2012....

The Move to Regional / Shared Services Procurement in Western Australia Why collaboration is becoming essential for value, capability, and compliance in local government procurement. Across Western Australia, local governments are facing mounting pressure to deliver more with less — tighter budgets, higher community expectations, and increasing compliance obligations. Against this backdrop, regional and shared...

Procurement Governance Failures – Where Councils Get Caught (and How to Avoid It) Across Western Australia, local governments are facing increasing scrutiny over procurement integrity, transparency, and governance. Audit reports, CCC investigations, and local inquiries consistently reveal the same pattern — councils have strong procurement policies on paper, but inconsistent implementation in practice. Procurement governance...

Navigating the Regulatory Landscape Welcome to the sixth and final article in our series on council-owned corporations. In this article, we discuss the legislation and regulations that all council-owned corporations should consider. Operating in both the public and corporate spheres, council-owned corporations occupy a unique position in Australia’s regulatory environment. They are expected to perform...

Outcome-Based Contracting — Paying for Results, Not Just Inputs Local governments across Western Australia are under increasing pressure to deliver greater value, efficiency, and accountability in their procurement. Traditional input-based contracts — where councils pay for time, materials, or specified outputs — often fail to incentivise performance or innovation. Outcome-Based Contracting (OBC) offers a smarter...

Using Council-Owned Corporations for Economic Development Introduction Welcome to the fifth article in our series on council-owned corporations. This article explores how council-owned corporations can drive sustainable economic development and support long-term community outcomes. Council-owned corporations are increasingly being leveraged as strategic tools to drive economic development. By operating through a corporate structure rather than...

Moving From Tendering to Early Market Engagement & Procurement Pipeline Strategy Moving From Tendering to Early Market Engagement & Procurement Pipeline Strategy In this article we consider why innovative suppliers are lost when councils go to market too late – and how WA councils can safely do strategic, pre-tender engagement. For many Western Australian councils,...

Achieving Value for Money in Procurement Introduction For public and private sector organisations alike, procurement decisions directly impact financial performance, service delivery and reputation. Achieving value for money (VfM) goes beyond selecting the lowest-cost supplier – it requires balancing cost, quality, risk, sustainability and broader organisational objectives. This article considers the principles and practical steps...

Why Councils Must Evolve to a Strategic Procurement Mindset Welcome to the second instalment in our Strategic Procurement in Western Australian Local Government Article Series. In our last article we observed that councils must balance compliance with strategic thinking to enable them to move from reactive, transactional purchasing to proactive, planned procurement that drives community...

Liquor Licensing in Queensland: How Muscat Tanzer Can Help Liquor Licensing in Queensland: How Muscat Tanzer Can Help Running a bar, restaurant, hotel or club in Queensland is exciting but comes with important legal responsibilities. The Liquor Act 1992 (Qld) (the Liquor Act) ensures alcohol is sold safely and responsibly, balancing harm minimisation with support for...

Sustainable Procurement Policies This is the final instalment in our sustainable procurement series, which has explored how sustainability can be integrated across each stage of the procurement process from market research to contract management. This week we provide a guide to understanding the Environmentally Sustainable Procurement Policy (ESP Policy). Why Develop a Sustainable Procurement Policy?...

Why Councils Must Evolve to a Strategic Procurement Mindset Welcome to the second instalment in our Strategic Procurement in Western Australian Local Government Article Series. In our last article we observed that councils must balance compliance with strategic thinking to enable them to move from reactive, transactional purchasing to proactive, planned procurement that drives community...

Funding and Capitalising Council-Owned Corporations Introduction Welcome to the third article in our series on council-owned corporations. This article provides practical guidance for councils on funding strategies, compliance considerations, dividend management, and transparency when establishing or managing a council-owned corporation. Council-owned corporations allow councils to deliver commercial projects, infrastructure, and services with greater flexibility than...

Strategic and Compliant Procurement in Western Australian Local Governments Local governments in Western Australia are responsible for delivering an extensive range of services and infrastructure for their communities. To do this efficiently, they must procure goods and services in compliance with a strict legislative framework designed to ensure transparency, fairness and value for money. This...

Establishing a Council-Owned Corporation. Welcome to the third article in our Council-Owned Corporations series. Today’s article explores how a council-owned corporation can be a powerful vehicle for local governments to deliver strategic, commercial and community outcomes. A well-structured council-owned corporation can give councils the flexibility to operate commercially while maintaining strong public accountability. The article...

Sustainability in Procurement Article Series – Contract Management – monitoring compliance and identifying opportunities for improvement and optimisation through contract management. Welcome to the sixth instalment of our Sustainability in Procurement Article Series, a seven-week exploration of how sustainability principles can be embedded throughout every stage of the procurement process. In last week’s article, we...

Understanding Director Duties & Managing Conflicts of Interest in Council-Owned Corporations. Today’s article is the second article of our Council-Owned Corporations series that explores the roles, powers and obligations of Directors and shareholders involved in council-owned corporations. Council-owned corporations offer councils a powerful way to deliver services and pursue commercial opportunities, but they also bring...

The Use, Benefits and Risks of Relationship Contracting Many local governments have adopted relationship contracting (also called relational contracting, partnering, alliancing or collaborative contracting) for the delivery of complex public services and infrastructure to ensure alignment of incentives and outcomes and collaborative procurement objectives. This article demonstrates how relationship contracting prioritises ongoing cooperation, joint problem-solving...

The Use and Benefits of Creating a Council-Owned Corporation in Queensland Queensland local governments are under increasing pressure to deliver services efficiently, manage growth, and respond to community expectations while maintaining financial sustainability. One structural option available is the creation of a council-owned corporation. This model allows councils to separate commercial functions from core regulatory...

Sustainability in Procurement Article Series – Evaluating sustainability criteria, requirements and outcomes Our Sustainability in Procurement Series has examined how sustainability can be embedded across every stage of the procurement process, from integrating sustainability into the procurement process, using market research to identify opportunities, to incorporating sustainability into procurement plans, and approaching the market in...

Sustainability in Procurement Article Series – Approach to Market This is the fourth article in our Sustainable in Procurement Article Series, focusing on the critical step of approaching the market. In this article we provide guidance on the preparation of tender documents, including evaluation criteria, conditions of tender and contract clauses that require tenderers to...

Sustainability in Procurement Article Series – Sustainability in the Procurement Plan Sustainability in the Procurement Plan This article forms part of our Sustainability in Procurement Article Series, which to date has explored integrating sustainability into the procurement process and how to conduct market research for sustainable procurement. This week we explore how local governments can...

Sustainability in Procurement Article Series – Market Research for Sustainable Procurement Introduction This article is the second article in our series of sustainable procurement articles. In our previous article, we discussed how sustainability can be integrated into the procurement process. Today’s article will provide an overview of how market research can be used as a...

Sustainability in Procurement Article Series – Integrating sustainability into the procurement process Overview Over the next 6 weeks we will publish a series of articles about sustainable procurement, starting with today’s overview about how sustainability can be integrated into the procurement process. The following articles will cover Market research; Sustainability in a procurement plan; Market...

Construction Claims Article Series – Damages claims Introduction This is our 6th and final article in our construction claims series, which aims to provide practical legal insights for both contractors and principals. Topics covered over the last 5 weeks in the series, including variation claims, delay claims, price acceleration claims, site condition claims, and progress...

Construction Claims Article Series – Progress claims: the backbone of the project lifecycle Construction Claims Article Series This series has covered a variety of construction claim topics, including change and variation claims, delay, disruption and prolongation claims, price acceleration claims and different site condition claims. This article on progress claims explores the nature of progress...

Digging Deeper: Managing the Risk of Different Site Conditions Claims This article forms part of our Construction Claims Article Series, which to date has explored change and variation claims, price acceleration claims, and delay, disruption and prolongation claims. This week, in collaboration with Anvelo, we examine different site conditions claims, with a focus on latent...

Construction Claims Article Series – Delay, Disruption and Prolongation Claims Our construction claims article series commenced with an article on change and variation claims which was followed by price acceleration claims. This article on delay, disruption and prolongation claims is delivered in collaboration with Anvelo, and is the third article in our series of construction contract...

Bundaberg Regional Council – Landfill Gas Management Project With Queensland’s commitment to reaching net-zero by 2050, one local government has been implementing innovative carbon reduction projects through landfill gas management. For the last decade, Bundaberg Regional Council (Council) has contracted with LGI to implement innovative gas management systems within their Cedars Road and University Drive...

Change and Variation Claims We are pleased to present this article on acceleration costs claims in collaboration with Anvelo. This article is the second article in our series of construction claims articles. In our previous article, we discussed change and variation claims. In construction, time is money. Delays can mean significant financial repercussions for both...

Change and Variation Claims Variations are an inevitable part of construction projects and a clear understanding of how to properly manage variation claims is critical to maintaining project delivery, protecting contractual entitlements, and minimising the risk of disputes. This article focuses on common types of variation claims. For more detail on administering variations, including the...

Negotiating with Confidence: Partnering with Preferred Tenderers Navigating contract negotiations is a critical phase in the tendering process, particularly for local governments seeking to finalise agreements with their preferred tenderer. In the fifth and final instalment of our Probity, Procurement and Tendering Series, this article explores the key elements of effective negotiations and provides practical...

Probity in Procurement The objectives of a local government procurement policy are generally to advance the local government’s priorities, achieve value for money, and ensure probity and accountability for outcomes. Probity requires the purchase to be conducted ethically, honestly, and with fairness to all participants. Accountability for outcomes is about being able to explain or...

Tender Process Risks and Strategies to Mitigate The below article on Tender Process Risks and Strategies to Mitigate is the third article in our five-part Probity, Procurement and Tendering Article Series. This article will be followed by articles on Probity Plans, and lastly Contract Negotiations. This article explores strategies for minimising risks in the tender...

Tendering and Process Contracts This article on tendering and process contracts is the second article in our five-part Probity, Procurement and Tendering Article Series. Requests for Tender (RTFs) have traditionally been viewed as invitations to treat, that do not create a legal or contractual obligation until a tender is accepted by the party inviting the...

Payment Claims – a QLD Case Study – MWB Everton Park Pty Ltd v Devcon Building Co Pty Ltd [2024] QCA 94 In Queensland a Payment Claim must: identify the construction work or related goods and services to which they relate; state the amount of the progress payment that the claimant claims is payable by...

Tendering and Effective Contract Management The below article on tendering and effective contract management is the first article of our five-part probity, procurement and tendering article series. This article will be followed by tender and process contracts, tender process risks and strategies to mitigate, probity plans and contract negotiations. When undertaking a procurement process, careful...

The Dos and Don’ts for reducing risk Effective contract management post-award is essential for minimising risk and ensuring that both parties to a contract fulfil their obligations. Whether you are the principal or contractor, clear communication, thorough documentation and timely responses are key to smooth project execution. Below, we explore the dos and don’ts of...

The Legal Implications of Contract Breaches IOdeally, parties to a contract would always fulfil all their obligations. Unfortunately, for often entirelyinnocent reasons, that is not always the case. Contract breaches remain a common challenge, with potential legal, financial and reputational consequences depending on their severity. This article explores the implications of contract breaches and strategies...

Contract Administration Article Series This is article two in our 6-part series on contract law and administration. We started the series with a contract law refresher, with articles on time, payment and security of payment, legal implications of contract breaches and post contract award contract management to follow over the course of the next four...

Contract Administration Article Series This is article three in our 6-part series on contract law and administration. We commenced our series with a contract law refresher followed by a high- level summary of contractual variations, with articles on payment and security of payment, legal implications of contract breaches and post contract award contract management still...

The Procurement Process – Planning, Strategy and Legal Implications – Part 2 In Part 1 of this article series, we looked at strategies for adequately planning a procurement process, process contracts and managing risk in the planning stage. In part 2 of this article series, we consider the legal and probity implications for procurers and...

The Procurement Process – Planning, Strategy and Legal Implications – Part 1 Tendering for contracts, whether as procurer or supplier, is difficult and requires each party to consider a number of different factors. In this article, we discuss the key considerations that procurers and suppliers must have prior to the release of a tender. Procurement...

Risk to Reward – Navigating risk managmeent in projects and procurement Effective project management hinges on a comprehensive understanding of risk – its identification, management, and potential to create opportunities. Whilst it is tempting to view risk purely as a threat to project objectives, risk can present valuable opportunities and drive innovation. In this article,...

Project Delivery – Which method is right for your project Delivering a successful project requires more than just a concept, it demands meticulous planning, strategic execution and the selection of the right delivery method. In the Construction Industry, choosing the right project delivery model can mean the difference between success and costly delays or worse....

Insuring Success – The fundamental role of project insurance in risk mitigation The complexity and scale of construction and infrastructure projects give rise to a variety of risks that can jeopardise the viability of a project, making insurance a crucial component of project management. From time and cost blowouts to liquidation and litigation, project insurance...

Contract Law Refresher Over the course of the next six weeks, we will be covering a series of contract law and administration topics, starting with this contract law refresher, followed by variations, time, payment and security of payment, legal implications of contract breaches and post contract award contract management. Contract Law – A Refresher Contract...

Agile Procurement – Exceptions to tendering and the benefits of strategic contracting In the dynamic landscape of procurement, understanding the nuances of tendering exceptions and strategic contracting approaches allows local governments to be agile to opportunities and transform challenges into excellent outcomes. From relationship contracting through streamlined panel arrangements to agile procurement strategies, local governments...

Contractor Liquidations – Best practice management of contractor liquidations When a head contractor is unable to complete a project due to liquidation, the consequences can be severe and widespread. Principals (including councils) may face unfinished projects, additional costs in hiring a new contractor, angry subcontractors, media scrutiny and other challenges. Unfortunately contractor liquidation is always...

Market-led Proposals – Market-led proposals and the use of beneficial enterprises for the disposal of land When a member of the public puts forward a unique proposal to a local government which would involve the disposal of land (by lease or sale) owned by that local government, the process in which that local government must...

The New Rules of Fair Play – Navigating the Reformed Unfair Contract Terms Regime On 9 November 2023, a series of amendments to the Unfair Contract Terms regime (UCT regime) made by the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) came into effect. In sharp contrast to the previous position under the...