Infralegal’s insights on Public Private Partnerships.

Owen Hayford Owen Hayford

The state of Australia’s PPP market

Infralegal was recently asked to share its insights on the state of the Australian PPP market with an international project finance publication. Here is an edited version of our responses to their questions.

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Owen Hayford Owen Hayford

PPP 2.0 - Towards Greater Collaboration

The number of Australia PPP deals since 2015 indicates government interest in the PPP model is declining. This paper and presentation consider the underlying reasons for this, and what governments and equity investors can do to reinvigorate government interest in utilising private capital to deliver public infrastructure.

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Owen Hayford Owen Hayford

New risk sharing models for privately financed infrastructure projects

There seems to be a growing consensus that project owners are transferring too much risk to their supply chain, and that whilst project owners may achieve a cheap price for this risk transfer at the time of contract award, the longer-term outcomes are sub-optimal for all concerned, including owners.

This article considers some new risk sharing models for privately financed projects.

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Owen Hayford Owen Hayford

Revitalisation of Central Station – time for a PPP that’s more like a partnership?

The term “Public Private Partnership” is a bit of a misnomer. Under Australian law, a partnership arises when two or more people agree to carry on a business in common, with a view to profit. Each partner shares in the risks and rewards of the business, is entitled to a share of the net profits of the business, and is jointly and severally liable for the liabilities and obligations of the business. Australian PPPs don’t actually embody any of these key features of a true partnership.

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Owen Hayford Owen Hayford

10 Point Plan inspired PPPs

Below are some suggestions on how the NSW Government could adjust its PPP policy and pro-forma PPP contract to give affect to the aspirations of its 10 Point Plan for the construction industry. 

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