Our team provides specialist legal services to support the delivery of major infrastructure and construction projects and capital works.

We cover the life cycle of a project from initial structuring and inception through to decommissioning and remediation which includes securing tenure, government funding and private sector financing, tender and procurement, design and construction, operation and maintenance, transportation, haulage and offtake arrangements.

Our senior specialists offer diverse and complementary skills and industry experience to support the delivery of major infrastructure and construction projects by the public and private sectors. Disputes lawyers within our team include experts in alternative dispute resolution, adjudication, international and domestic arbitration and construction litigation related to major construction and infrastructure projects.

We offer legal services for all aspects of major projects, including:

  • project planning, structuring and development, including tendering and risk management, foreign investment and taxation and public private partnerships
  • advice on land access and managing site conditions, tenure and property issues, planning and regulatory approvals
  • governance and compliance, in particular for Commonwealth and state funded projects including advice on licensing, competition, native title and cultural heritage
  • debt or equity financing and restructuring including asset refinancing and Personal Properties Security Act implications
  • preparation, negotiation and administration of project, tender and contract documents including consultancy agreements, construction and engineering contracts (D&C/EPC/EPCM/ECI/MC and alliancing) and procurement contracts
  • negotiation of long term offtake agreements, O&M agreements and services agreements, including advice on regulation of third party access to infrastructure facilities
  • dispute resolution including regulatory investigations and government inquiries.

We have unique and significant expertise in advising infrastructure owners, access seekers and regulators on all aspects of third party access regulation and pricing. With an ability to understand the differing investment horizons and value realisation strategies of various parties, our clients include project developers, Australian and international investors, infrastructure users and regulators.

Our experience covers:

  • gas transmission pipelines, gas storage and processing facilities and offshore structures and floating facilities for oil and gas projects;
  • power stations and cogeneration facilities, electricity transmission and distribution assets, wind farms, solar PV and biomass projects;
  • mining projects, including gold, iron ore projects and coal mines and associated infrastructure including ports, rail, rolling stock and road transport;
  • water treatment plants, desalination plants and water and waste water systems;
  • defence projects, higher education and public private partnerships;
  • capital works programs and outsourcing arrangements;
  • commercial, industrial and residential developments and subdivisions.

Experience

Engineering & development

ASC (formerly Australian Submarine Corporation)

Advised in relation to the Air Warfare Destroyer Program and In Services Support Contract for the Collins Class Submarines, and acted for ASC in relation to complex engineering disputes including arbitration with Kockums on the Collins Class Submarines and ASC Engineering on the Minara/Fluor arbitration.

SKYCITY Adelaide

Advised in relation to South Australian State Government negotiations regarding tenure arrangements for the proposed Adelaide Casino expansion and hotel development.

Yatala

Acted in relation to a acquisition of 20 hectare site for the development of a 60,000m2 warehouse, 2,200m2 office and 23,000m2 hardstand for a $75 million, 6 hectare parts and distribution facility for Caterpillar to service QLD, NT and WA and throughout the Pacific for Solomon Islands, Fiji, Papua New Guinea and Noumea.

Energy & resources

ATCO Structures & Logistics

Contract and subcontract arrangements for design and construction of specific purpose mining, resource and infrastructure facilities throughout Australia, and major workforce accommodation subcontracts for LNG projects in QLD, WA and NT.

Australia Pacific LNG

Construction of main trunk pipelines and gas gathering pipeline for the CSG to LNG project including advice regarding the negotiation and award of ECI and EPC contracts for the pipeline network.

Forum Energy Technologies

Advised this US-listed oil and gas project services provider in its Supreme Court of Western Australia litigation against SapuraClough, in relation to work done on Chevron’s Gorgon project.

Ingenero Weipa Solar PV

ARENA funding, construction and off-take aspects of the Weipa Solar PV project at Rio Tinto’s Weipa mine in QLD.

SEA Gas partnership

Tenure for high pressure natural gas transmission pipeline between Iona in Victoria and Torrens Island Vale in SA, contracts for acquisition of easements and fee simple rights acquittal of process of compulsory acquisition in SA and Victoria; negotiated and documented the turnkey contract terms for construction of the pipeline, operation and maintenance agreements and the long term haulage agreements with gas shippers.

United Water/Thames Water Australia

Negotiated various BOOT agreements for water and wastewater treatment facilities for private and public sector entities in Victoria and NSW. Negotiating Alliance terms for the delivery of engineering projects for environmental improvement programmes (EIPs) between United Water, Thames Water and Kinhill Engineering in SA.

Veolia Water Australia

Advised on the Adelaide Desalination Project and in relation to the negotiation of a $1.5 billion 15 year outsourcing contract with SA Water and the SA state government to operate and maintain the metropolitan water and wastewater system in metropolitan in Adelaide.

Real Estate

Boral

Advising on commercial real estate transactions around Australia, most recently, the structured sale of a former quarry at Stapylton in the Brisbane/Gold Coast corridor.

Dalian Wanda Group

Advised on the A$1.13 billion sale of Wanda Australia Commercial Properties Pty Ltd to AWH Investment Group Pty Ltd, a part of the Yuhu Group. We acted on all aspects of the sale, including the negotiation of hotel management rights for the Dalian Wanda Group.

DeLuca Corporation

Advised on its acquisition of two sites from Bunnings located at Kingaroy and Lawnton. The two projects required structured development agreements to be entered into for the delivery of two Bunnings hardware outlets which will be ultimately sold to individual investors.

Urbex

Documenting the agreement for lease with Lion Dairy and Drinks and subsequent advice on the marketing campaign for the sale of the completed project on a fund-through basis. The project is located in Townsville and will deliver a state-of-the-art refrigerated distribution facility for Lion.

US Agricultural Fund

Acted on the acquisition of three farms for an US agricultural fund. One in New South Wales, Western Australia and Victoria, together with water assets for the development of permanent plantings.

Chinese Acquisition

Acting for 111 landowners in the Norwell Valley between Brisbane and the Gold Coast. As lawyers for the landowners, we advised them on the offer received from Shanghai based Songcheng to acquire the 6000 ha site for A$1 billion. The project is on track pending the Chinese government’s tightening of capital export controls.

Regulatory

ATCO Gas Australia

Advising on the regulatory proposal and the preparation of submissions and evidence for the Economic Regulation Authority's gas price review for 2020-2024.

Energy Networks

Advising on the AER's 2018 rate of return guideline review, as well as reviews by the AER in respect of productivity and the regulatory tax approach.

Electricity Distribution and Transmission Network

Advising on transition to regulation under the National Electricity Rules and on first regulatory proposal under the NER.

Port Operator

Advising on obligations under regulatory regime and compliance issues.

Queensland Competition Authority

Advising on QCA review of Aurizon Network’s access undertaking proposal. Advising the QCA in respect of the Queensland Rail 2020 access undertaking proposal.

Western Power

Advising on the ERA’s review of Western Power’s 2017–2022 Access Arrangement.

Various Energy Networks

Advising on outcomes of AER remitter process in respect of NSW electricity distribution determinations, application of AER 2018 rate of return guideline and other AER review outcomes.

People

Recognition

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