Exploring the Alternatives: the Administration of Government as an Answer to the Williams Decisions

The Pape and Williams decisions changed the legal landscape of Commonwealth Executive spending powers dramatically. This article concerns the capacity and scope of the Commonwealth Executive to contract and spend in the absence of Commonwealth legislative authority, and without reliance on the nationhood aspect of section 61 executive power. In the search for a new avenue for Commonwealth Executive contracting and spending competence, this article draws upon Bardolph v New South Wales (1934) 52 CLR 455 and explores the potential source, scope and limitations of executive contracting and spending in pursuance of the 'ordinary and recognised functions of government'.