Public Private Partnerships Law (LAWS70113)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
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About this subject
Contact information
May
Lecturer
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
| Availability(Quotas apply) | May |
|---|---|
| Fees | Look up fees |
Private sector involvement in the financing, delivery and operation of public infrastructure is nothing new; it is, however, constantly evolving. The public appetite for social and economic infrastructure is insatiable, yet must constantly be tempered by economic constraints. Alongside the increasingly sophisticated and internationalised market for funding and technical capacity, there has been in recent years a renewed focus upon the policy bases for public private partnerships (PPPs) by governments and the broader community. Navigating all this in its legal context is one of the great ongoing challenges faced by the infrastructure industry and its legal advisers. This subject, taught by a leader in the field who brings a wealth of experience to the classroom, is designed to equip students to respond to this challenge.
Principal topics include:
- Historical perspectives on private involvement in the delivery of public infrastructure, how it has changed over time and lessons learnt.
- The PPP family, and the different categories of PPPs within the family.
- The differing objectives of the various participants in a PPP.
- The benefits and challenges associated with privately financed PPPs, and how PPPs can be improved.
- The role of Australian governments (Federal, State and Territory) in PPPs. How PPP policies fit within the broader government policy framework for investing in and managing infrastructure assets.
- The role of government in developing nations in creating a PPP enabling environment.
- Funding and financing mechanisms, including government funding, private finance and value capture.
- PPP risk allocation, including how it is evolving in response to current trends and pressures in the Australian market.
- The matrix of contractual documents required for a privately financed PPP, including Government Project Agreements, Debt Financing Document, Equity Documents, Sub-Contracts, Tripartite Deeds, Interface Agreements and the like.
- The procurement process for PPPs, including how to manage a PPP bid.
- Dispute resolution on PPP projects, including linked claim provisions and equivalent project relief provisions.
- Other legal issues unique to PPPs including the legal enforceability of abatement regimes, the application of security of payment legislation, ipso facto provisions, transparency and disclosure obligations.
- Managing PPP contracts through the delivery, operation and handback phases.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of means of private-sector involvement in the procurement of public-sector infrastructure projects
- Have enhanced their expert and specialised cognitive and technical skills required to manage and advise upon procurement in the construction industry
- Be familiar with, be able to critically reflect on, and be confident in working across, the interaction between the policy, technical, commercial and legal aspects of PPP procurement
- Be able to demonstrate the research and communication skills required to independently investigate, examine and analyse existing and emerging legal issues relating to procurement of privately financed infrastructure projects.
Last updated: 31 January 2024
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 31 January 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Option 1: Take-home examination
| 8 - 11 July 2022 | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 17 August 2022 | 100% |
| Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online, however attendance at all live online sessions is expected. | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- May
Principal coordinator Owen Hayford Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 27 April 2022 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 25 May 2022 to 31 May 2022 Last self-enrol date 2 May 2022 Census date 26 May 2022 Last date to withdraw without fail 15 July 2022 Assessment period ends 17 August 2022 May contact information
Lecturer
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 31 January 2024
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-masters@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
Last updated: 31 January 2024