We have a breadth of experience that means we can provide our clients with commercially-focused advice in transaction management and execution.

Our broad stakeholder experience across all levels of complex infrastructure transactions means we understand the regulatory, commercial and technical requirements which underpin these transactions (including State procurement frameworks, construction, bankability and interface issues).

We have been involved in many of Australia’s largest major project and energy deals. We have been working in this space for decades and you will benefit from our track record and industryknowledge.

We are specialists who are experts in delivering complex advice to clients. We have worked with participants involved in engineering, construction, energy, operations and maintenance (O&M) and consulting.

Our experience includes advising on and negotiating:

• public private partnership (PPP), design and construct, cost plus and other specialised risk allocation contracts

• expression of interest, bidding and tendering processes

• upstream and downstream contract arrangements

• domestic and international security and guarantee arrangements

• all forms of project documentation including government standard forms, bespoke contracts and standard forms (AS, FIDIC, NEC, etc)

Our experience includes:

• Advising City of Melbourne as the largest local government authority in Victoria in relation to various construction, procurement and precinct transactions including:

  • developing the $1.7BN Queen Victoria Southern Site Precinct, including land sale, subdivision and land sale requirements

  • developing the Greenline project, a $400M public use corridor in the Melbourne CBD

  • redeveloping servicing of several industrial facilities into crisis accommodation

  • tendering for the Melbourne Town Hall Catering contract

• Advising Indra as a communications infrastructure firm in relation to its bid for the provision of IT service infrastructure to the $7BN North East Link PPP, Victoria

• Advising the Department of Jobs, Precincts and Regions on the development of the Collingwood Yards project

• Advising Bechtel as a major mining contractor in relation to its potential construction of an underground materials handling system at Rio Tinto’s Oyu Tolgoi mine in Mongolia

• Advising Clough as a major mining contractor in relation to its entry into the Mongolian market (including operation of local construction law and split EPC arrangements)

• Advising Jacobs as a leading engineering design house in relation to various design related issues concerning:

  • the Monash Biological Learning and Training Facility, Victoria

  • the RMIT nitrogen generation facility, Melbourne

  • arbitration proceedings concerning The Hub waste treatment facility, Queensland

• Advising Kane Construction as a major construction contractor in relation to the reconstruction of the State Netball and Hockey Centre, Melbourne

• Advising the Mornington Peninsula Shire Council as a major local government authority in relation to various disputes concerning:

  • the construction of the Yawa aquatic center, Victoria

  • dispute with Bluesphere concerning sporting field lighting

  • the McCrae land subsidence multi-party claim

• Advising Correct Care Australasia as a prison and youth justice healthcare provider in relation to:

  • tendering to provide prison healthcare services to a new WA PPP prison facility

  • renewing the Youth Justice Pharmaceutical Health Services Agreement for various sites in Victoria

  • Advising Correct Care Australasia as a prison and youth justice healthcare provider on State initiated variations and abatement issues in relation to the Ravenhall Prison PPP, Victoria

• Advising the Department of Treasury and Finance (DTF) in relation to the novation of design and construction obligations concerning the sale of land in Victoria, Australia

• Advising Inspire Impact in relation to various social housing projects including:

  • negotiating the MAC Framework Agreements and AS4902 construction contract

  • negotiating funding and construction terms with Good Housing

• Advising the Department of Economic Development, Jobs, Transport and Resources (DEDJTR) on the project financing of the Fishermen’s Bend redevelopment

• Advising the Australian Embassy in Mongolia in relation to its new embassy in Ulaanbaatar, Mongolia and negotiating lease arrangements

• Advising Sandvik as a major mining contractor on build to lease and lease arrangements in relation to its new warehouse in Mongolia

We are proud to have been involved in the large scale renewable industry from the start in Australia.

We have a strong national and international track record of working with participants in the renewables industry, including having been involved in some of the largest and most complex renewables deals in Australia over the last 20 years.

Our experience covers all aspects of the acquisition, development and delivery of renewable projects, including planning, procurement, financing, construction, supply, offtake, asset acquisition and all commercial and regulatory issues.

Scott Schlink is a renewables industry veteran who has worked as general and legal counsel in the likes of Vestas and Senvion and has closed renewable energy deals in Australia, Japan, Vietnam and Mongolia.

Our experience includes advising on and negotiating:

• EPC, supply and install and design and construct head contracts

• power purchase and offtake agreements

• connection agreements

• civil and electrical and balance of plant contracts

• transportation, craneage, consultancy and other specialised procurement contracts

Our experiecnce includes:

• Advising Iberdrola as a major Spanish power infrastructure developer in relation to various projects including entering lease and offtake arrangements in relation to a prospective 1GW+ wind farm in NSW

• Advising Goldwind as a major Chinese-based wind farm manufacturer in relation to the following utility scale renewable development projects:

  • West Musgrave power park, Australia

  • King Rocks wind farm, Australia

  • Sunrise Dam wind farm, Australia

  • Bellevue Gold power project (behind grid), Australia

  • Low Head wind farm, Australia

  • St Ives wind farm, Australia

  • Kondinin power project, Australia

  • Kidston Wind Farm, Australia

  • Gawara Baya Wind Farm, Australia

• Advising Cubico as a major German power infrastructure developer in relation to the development and delivery of the Wambo wind farm, Queensland

• Advising Risen Energy as a major Chinese power infrastructure developer in relation to the sale of the Merredin solar farm

• Advising Smart Energy in relation to its battery storage retail contracts

• Advising Elecnor as a major Spanish power infrastructure developer in relation to the development of the 800 (approx.) MW Clarke Creek wind farm, Queensland

• Advising Vestas as a major Denmark-based wind farm manufacturer on the following major project financed wind farm transactions in Australia, Mongolia and Vietnam, including drafting and negotiation of construction, service, BOP, security and associated documents:

  • 1.1 GW Theodore wind farm, Australia to be constructed by RWE

  • 80 MW Gelliondale wind farm, Australia to be constructed by RWE

  • 214 MW Yandin wind farm, Australia

  • 180 MW Warradarge wind farm, Australia

  • 57.6 MW Cherry Tree wind farm, Australia

  • 222 MW Turitea wind farm, New Zealand to be constructed by Mercury Energy

  • 212 MW Lincoln Gap, Australia

  • 50 MW Tsetsii wind farm, Mongolia

  • 33 MW Bangui wind farm, Philippines

  • 47 MW Portland Stage 4 wind farm, Australia to be constructed by Pacific Hydro

  • 106.8 MW Taralga wind farm, Australia

  • 9 MW Phu Quy wind farm, Vietnam

  • 247.5 MW Ararat wind farm project, Australia

• Advising Senvion (formerly REpower) as a major German-based wind farm manufacturer on the following major project financed wind farm transactions in Australia, including drafting and negotiation of construction, service, BOP, security and associated documents in relation to:

  • 226 MW Murra Warra wind farm, Australia

  • 106.6 MW Bald Hills wind farm, Australia

  • 6 MW Chepstowe wind farm, Australia

• Advising Vestas as a major Denmark-based wind farm manufacturer on the renewal of the following long term wind farm operation and maintenance agreements in Australia and Japan, including complex performance guarantee and security regimes:

  • 66 MW Cathedral Rocks wind farm, Australia

  • 140 MW Woolnorth wind farm, Australia

  • 278.5 MW Lake Bonney wind farm, Australia

  • 89 MW Alinta (Walkaway) wind farm, Australia

  • 50 MW Oshima wind farm, Japan

• Advising Rio Tinto as a major mining organisation on the proposed 600MW (est.) Oyu Tolgoi power station in Mongolia, including drafting tender and EPC documents and advising on local law compliance

• Advising Georgetown Renewable Energy on the development of the Carmody’s Hill wind farm, including potential solar and co-generation options

• Advising Symbior Solar Siam on a 50MW solar PV farm in Mongolia, including undertaking land due diligence, advising on bankability and local security issues and drafting land lease and security documents

• Advising Engie as a major French power infrastructure developer in relation to the development of the 55MW Sainshand wind farm, Mongolia

• Advising Minh Hoang in relation to the development of the Hong Phong 1 wind farm, Vietnam

• Advising Senvion (formerly REPower) in relation to winding up proceedings and related issues

• Advising AVT Solar in relation to the development of its template supply and operate agreement

• Advising Original Power in relation to the establishment of a combined solar and biodiesel generation facility in the Northern Territory including preparation and negotiation of:

  • Early Works Agreements

  • EPC contract

  • Facility Management Agreement

  • Preparation of project risk due diligence

• Advising Royal Automobile Club of Victoria (RACV) Ltd in relation to the preparation of a template contract suite for its rooftop and battery solar business

• Advising Wellington Shire Council in relation to a Zerogen HoA – waste to hydrogen

• Advising Blue Power Partners in relation to:

  • BPP Regional Framework Agreement with CIP

  • Summerfield CMA

  • Lotus Creek Wind Farm

  • Wilan Wind Farm

• Advising Vestas in relation to various up and downstream disputes concerning the Turitea Wind Farm, New Zealand

• Advising Goldwind in relation to various up and downstream disputes concerning the Stockyard Hill Wind Farm, New Zealand 

• Advising Vestas as a major Denmark-based wind farm manufacturer on:

  • settlement of a wind farm dispute in Shin Izumo, Japan concerning plant design and wind modelling faults

  • the introduction of new import tariffs relating to wind turbine towers and allegations of dumping

  • a wind farm dispute in Bangui Bay, Philippines concerning faulty construction, design and manufacture of infrastructure

• Advising Senvion (formerly REpower) as a major German-based wind farm manufacturer on:

  • settlement of an insurance dispute in Australia concerning loss due to fire and insurance coverage

  • disputes concerning demurrage fees relating to the importation of wind turbine equipment

We believe that procurement systems need to be efficient, flexible and cost effective. We specialise in all legal aspects of procurement from the initial expression of interest through to project completion.

Our experience includes advising on:

• designing tender processes to ensure market competitive outcomes

• expression of interest and tender processes

• preparation and review of tender documentation including process contracts, returnable forms and contract conditions

• review of tender submissions and assistance in ranking and application of weighted criteria

• preferred supplier appointments

• final negotiation and tender award

Our experience includes:

• Advising City of Melbourne as the largest local government authority in Victoria in relation to:

  • creating bespoke tender and facility maintenance contracts across the Council's operations

  • streamlining and improving its high value procurement system

• Advising Citywide as a major waste management company in Melbourne in relation to review of its subcontractor contract template

• Advising the Mornington Peninsula Shire Council as a major local government authority in Victoria in relation to:

  • preparing a Plain English service contract template

  • creating numerous bespoke construction, tender and procurement contracts across the Shire's operations

• Advising Federation Square on the revision and negotiation of standard form and bespoke construction and service agreements

• Advising the Latrobe City Council as a major local government authority in Victoria in relation to letting of the Council’s Transfer Station Tender

• Advising the Metropolitan Waste Resource Recovery Group (MWRRG) on the development of a waste to energy facility for 17 local government councils, Australia

• Advising the Gippswaste Resource Recovery Group in relation to collaborative procurement process for collection, green, residual and recycling waste streams and for six councils

• Advising Wellington Shire Council in relation to the development of an energy to waste project in Gippsland, Victoria

• Advising the Gippswaste Resource Recovery Group in relation to supply to a proposed waste to energy plan in Gippsland, Victoria

• Advising Wellington Shire Council in relation to a Recycling Processing Services Tender – Contract departures

• Advising Clough as a major mining contractor in relation to its entry into the Mongolian market (including operation of local construction law and split EPC arrangements)

• Advising Monadelphous as a major mining contractor in relation to its entry into the Mongolian market (including DLP periods, construction warranties and statutory incident response and OHS obligations)

We believe that managing probity risk is core to successful procurements.

We have considerable experience advising on probity issues as lawyers and in acting as probity advisors.

Our services include advising on and attending:

• preparation of probity plans

• proponent briefings and on and off site procurement meetings

• bid consideration and appointment team meetings

• probity investigations

• probity reports

• stakeholder briefings and training