Managers, contracts and good faith: challenging the community expectations myth

Cover title."August 2005"Online copy: ISSN 1445-3037.Bibliography: p. 48-52.Also available in an electronic version at MGSM home page: http://www.mgsm.edu.auiii, 52 leave

Output-based management and the management of performance : insights from the Victorian experience

During the 1990s, the nature of general and financial management practices within the public sectors of many jurisdictions underwent significant change. The Australian state of Victoria represents an example of a jurisdiction in which the extent of change was particularly large. In the context of that state’s adoption of an output-based budgeting and management framework, the development and reporting of performance indicator data became a matter of increased significance in sustaining continuous improvement. This paper reports the results of a study of performance data reported within the Victorian public sector, and highlights problems indicated by high degrees of turnover in inventories of reported indicators over time.17 page(s

Kranz v National Australia Bank : how far have we come since Garcia

The Victorian Court of Appeal's decision in Kranz v National Australia Bank adopted the special disadvantage/knowledge, developed in Amadio, as the basis for determining whether an application of the principles adopted by the High Court in Garcia v National Australia Bank would be appropriate - questionable whether this is appropriate from either a jurisprudential viewpoint or from a practical perspective.6 page(s

The Grapes of wrath

The lacuna between Evans & Tate’s financial reality and the prosperous image it promulgated over 2005 is deeply troubling and raises powerful questions about Australia’s continuous disclosure regime.3 page(s

Suspicion where suspicion is due: myths and rhetoric in the accrual budgeting tale

"December 2003".Cover title.Online copy: 1445-3037.Bibliography: leaves 18-21.Also available online at MGSM website: http://www.mgsm.edu.auiii, 21 leave

Output based budgeting and the management of performance

"March 2004".Cover title.Online copy: 1445-3037.Bibliography: leaves 25-30.Also available online at http://www.mgsm.edu.auiii, 30 leave

Managers, contracts and good faith - challenging the community expectations myth

Contracts represent a key device for governing and intermediating commerce. As such, a body of contract law which produces outcomes in accordance with the expectations of commercial actors is a key factor in determining the risk and thus costliness of conducting business within a particular jurisdiction. Both commercial practice and the law of contract change over time. Examples of the former include the increasing recourse to outsourcing, alliances and partnering arrangements while a topical example of the latter represents the growing debate (in Australia) about the existence and role of good faith performance obligations in contract. Proponents of the latter doctrine have asserted that the growing reliance on relational commercial forms evident in business operations means a need for good faith norms within contract. Further, they assert that the commercial community expects and desires this norm shift. This paper describes evidence which provides a contrary view. In short, it is argued that managers place a high degree of value on contractual certainty and look warily at doctrines which would appear to subvert certainty in favour of other values.15 page(s

Victoria's accrual output based budgeting system - delivering as promised?: some empirical evidence

"November 2003"Cover title.Bibliography: p. 25-28.Also available online at MGSM website: http://www.mgsm.edu.auiii, 28 leave

Victoria's accrual output-based budgeting system - delivering as promised? Some empirical evidence

19 page(s