1.5  Enforceability of the contract

(a)  If legislation exists or is enacted to support the project agreement or to otherwise condition the exercise of the executive power to contract, there must be compliance with the requirements of that legislation. If the project agreement does not observe these requirements then it may be void.

(b)  All jurisdictions have enacted legislation removing common law immunity of the Crown.2 In accordance with the terms of this legislation, and subject to paragraph (b) above, the private party will be entitled to commence proceedings against the relevant government to enforce the terms of the project agreement.



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2 For example the Crown Proceedings Act 1958 (Vic), the Crown Proceedings Act 1988 (NSW) and the Crown Law Proceedings Act 1980 (Qld).