Infrastructure Delivery Law

This subject has the following teaching availabilities in 2012:

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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.

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The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

• The ability to attend a minimum of 75% of classes and actively engage in the analysis of complex materials and debate;
• The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
• The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to work independently and as a part of a group;
• The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/

This subject provides a comprehensive overview of the legal, commercial and financing issues that need to be taken into account in the delivery of infrastructure. Commencing with the regulatory and contractual framework and progressing through risk allocation issues (including those specific to key industries such as mining, telecommunications and energy) through to dispute avoidance and management, the subject offers first-hand perspectives from lawyers, financiers and policy-makers who have been involved in some of Australia‘s most significant infrastructure projects in recent years.

Principal topics will include:

• The development of private and public sector infrastructure projects in Australia
• The legal and regulatory framework applicable to infrastructure projects in Australia, including an overview of public private partnership (PPP) policies (note that PPPs are the particular focus of the Public Private Partnerships Law subject)
• The different contracting arrangements that may be applied across a range of public and private infrastructure projects, such as resources, power, energy, transport, social infrastructure and PPPs
• The role and risk profile of participants in infrastructure delivery, including governments, sponsors, financiers, equity investors, builders, operators/ maintainers and off-takers/users
• An analysis of the risks inherent in various types of infrastructure projects (including issues relating to sovereign risk, construction, delivery, operation/ maintenance and handover) and how risks may be allocated and managed/ mitigated
• The financing of infrastructure projects, sources and structuring of capital and the interrelationship with the project contract structure.

A student who has successfully completed this subject should:

• Have a broad understanding of the legal and regulatory framework of, and issues relevant to, public and private sector infrastructure projects in Australia
• Have an understanding of the range of contracting arrangements and approaches in infrastructure delivery
• Understand the risk allocation principles and risk management options applicable to infrastructure projects in Australia and overseas
• Appreciate the different concerns, issues and approaches of the range of parties to infrastructure projects, including governments, sponsors, contractors, financiers and off-takers/users.

10,000 word research paper (100%) (27 September) on a topic approved by the subject coordinator

Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.

This subject is not available as a breadth subject.