Projects Insights

30 November 2006

Welcome to the December edition of Clayton Utz' Projects Insights. In this edition we examine, amongst other topics:

how the "no contracting out" provision of the NSW security of payment legislation applies to commonly used payment and financing structures
the use of Bilateral Investment Treaties to protect your overseas investments
how changes to the Equator Principles will affect project financing; and
opportunities for private sector involvement in the financing, delivery and management of water services.

Payment clauses - where does the line lie under security of payment legislation?

Sergio Capelli considers the application of the "no contracting out" provision of the NSW security of payment legislation to a number of commonly used payment and financing structures.

Getting a BIT of protection for your overseas investments

By Andrew Stephenson.

Australians looking to invest overseas can be protected in part by Bilateral Investment Treaties, as Andrew Stephenson explains.

Tips on capturing agreements - you have to write it down!

By Stuart Connor.

What you say over the negotiating table might help get the deal done, but as Stuart Connor shows, if you don't write it down your deal might turn out very different to the one you thought you'd made.

Assessing and managing social and environmental risks in project financing

By Peter Briggs and Claire Smith.

Peter Briggs and Claire Smith look at the recent changes to the Equator Principles and what they mean for project finance.

Turnbull turns up the water pressure

By Dan Howard and Thomas Klempfner .

The opportunities for private sector involvement in the financing, delivery and management of water services have never been greater, say Dan Howard and Thomas Klempfner.

When are concession fees tax-deductible?

By Dan Fitts.

What should a concessionaire consider when structuring arrangements to pay concession fees? Dan Fitts looks for answers in a recent case.

Bitannia makes constitutional waves for the Security of Payment Act

By Bill Ilkovski .

Bill Ilkovski discusses a recent decision on the NSW Security of Payment Act which clarified the defences and cross-claims available.

Did you know... that legal advice by in-house counsel or third parties can be privileged?

By Toby Cogley.

Legal advice can come from many sources - but will it be privileged, asks Toby Cogley.

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