Request for Tender for the provision of legal services to the Commonwealth of Australia represented by Department of Immigration and Citizenship (DIAC)

DIAC seeks to establish a panel arrangement of suitably qualified legal service providers to provide external legal advice and litigation services commencing 1 January 2011. These services will be provided through a non-exclusive panel of providers and the panel members will be required to have the capacity to provide both legal advice and litigation services to DIAC.

The majority of DIAC’s legal advice is provided in-house.The legal advice services sought under this RFT are intended to supplement DIAC’s in-house services.

Litigation is managed centrally within the legal area of DIAC’s National Office.Litigation is conducted in the courts and AAT by the Legal Services Panel.The majority of DIAC’s litigation involves applications for judicial review of decisions of the Refugee Review Tribunal and Migration Review Tribunal brought in the Federal Magistrates Court.In addition there is some litigation in the AAT and in other courts including the Federal Court, High Court (original jurisdiction and appeals) and State Supreme Courts.The majority of litigation involving claims for compensation is handled by Comcover in accordance with the Department’s insurance arrangements.

One (1) Special Counsel may also be engaged under the panel arrangement from a panel member.It is not a mandatory requirement that Tenderers be able to provide Special Counsel services to DIAC, however Tenderers proposing Special Counsel must provide full details of the proposed Special Counsel (including CV) and proposed rates.

Panel members will be engaged under a deed of standing offer. The deed will run for a period of two (2) years from the date of the commencement of the panel, and will also include three options (each option being one (1) year in duration) to extend the Deed of Standing Offer past this date (for a maximum of three additional years).