1.1  Introduction

The key issues for the private party when contracting with government are as follows:

(a)  Is the contracting party the Crown or an entity created by legislation?

(b)  Does the person who will sign the project agreement for the government party have the requisite authority to bind the relevant State or Territory or the Commonwealth?

(c)  Is the project agreement enforceable against the Crown?

(d)  What can reasonably be expected of government in the exercise of statutory powers and discretions which impact on the project?