17 November 2004
Welcome to the November edition of Clayton Utz Projects Insights. In this edition we look at two issues affecting Government: whether it should seek to share in the upside from refinancings, and when are its activities subject to the Trade Practices Act?
The wave or reform in negligence law could have some unexpected effects on project participants. We'll see how the introduction of proportionate liability could mean that, without careful management, project owners could be left footing the bill.
Finally, we'll consider the difficulties in applying the principle of efficient/optimal risk allocation in Public Private Partnerships, and the broad scope of assessment in environmental law and the resulting uncertainty in the assessment and approval process.
By Doug Jones and Simon Chapple.
Changes to the law of apportionment of liability will mean that project participants in large infrastructure projects may not be liable for the mistakes of their counterparts, and without careful management, project owners could be left footing the bill, as Doug Jones and Simon Chapple explain.
By Owen Hayford.
While Government and the private sector generally agree on the principle of efficient/optimal risk allocation, its proper application to specific risks on individual projects is still unclear. Owen Hayford explains why, and suggests how the challenge of risk allocation might be better managed.
By Larissa Burnett.
Larissa Burnett looks at the arguments for and against the Government seeking to share in the upside from refinancings, and shows why there are some practical difficulties in defining what a refinancing is and in valuing the benefits it provides.
By Jonathan Hoyle and Simon Chapple.
A wide range of Government activity of a business-related nature may be subject to the operation of the Trade Practices Act, following a recent High Court case. Jonathan Hoyle and Simon Chapple discuss its implications.
By Brendan Bateman and Nick Thomas.
A recent Federal Court decision highlights the broad scope of assessment under the EPBC Act, explain Brendan Bateman and Nick Thomas, and a degree of uncertainty in the assessment and approval process.
By Brad Vann.
In a first for Australian universities, Swinburne has looked to a $100 million Public Private Partnership (PPP) to deliver the infrastructure.
By Murray West.
Australia's first ever national rail freight network has been created following the 'take up' by Australian Rail Track Corporation Ltd of the long-term lease of the NSW Interstate Mainline and Hunter Valley rail freight corridors in September.
As an experienced construction lawyer, Steve advises clients in a wide range of projects involving civil, mechanical and process engineering issues.
Frazer provides advice on a wide variety of construction contracts and project-related issues, and is experienced in the resolution of disputes by litigation, arbitration or alternative methods such as mediation.
