Public Private Partnerships Law (LAWS70113)

Graduate coursework level 7Points: 12.5On Campus (Parkville)

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Overview

Availability(Quotas apply)
May
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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 is designed to equip students to respond to this challenge.

Indicative list of principal topics:

  • 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 should be able to:



  • Examine and explain the means of private-sector involvement in the procurement of public-sector infrastructure projects
  • Critically reflect on, and be confident in working across, the interaction between the policy, technical, commercial and legal aspects of PPP procurement
  • Investigate, examine and analyse existing and emerging legal issues relating to procurement of privately financed infrastructure projects.

Last updated: 4 March 2025

Eligibility and requirements

Prerequisites


Corequisites


Non-allowed subjects


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: 4 March 2025

Assessment

DescriptionTimingPercentage

Class participation

Throughout the teaching period10%

Option 1: Take-home examination

  • 5000-6000 words
25 - 28 July 202590%

Option 2: Research paper on a topic approved by the subject coordinator

  • 8000 words
6 August 202590%
Hurdle requirement: A minimum of 75% attendance is required.Throughout the teaching periodN/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: 4 March 2025

Quotas apply to this subject

Dates & times

  • May
    Principal coordinatorOwen Hayford
    Mode of deliveryOn Campus (Parkville)
    Contact hours34
    Total time commitment150 hours
    Pre teaching start date30 April 2025
    Pre teaching requirementsPlease 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 period28 May 2025 to 3 June 2025
    Last self-enrol date 5 May 2025
    Census date30 May 2025
    Last date to withdraw without fail11 July 2025
    Assessment period ends15 August 2025

    May contact information

    Teaching Staff:

    Owen Hayford (Coordinator)

    For current student enquiries, contact the Law School Academic Support Office 

What do these dates mean

Visit this webpage to find out about these key dates, including how they impact on:

  • Your tuition fees, academic transcript and statements.
  • And for Commonwealth Supported students, your:
       -  Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
     

    Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.

Additional delivery details

Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, 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: 4 March 2025

Further information

Last updated: 4 March 2025