Overview
We have worked on the largest and most complex transport projects (road, rail, port and freight), and understand the key legal aspects, including project vehicle structures, concession deed negotiations, construction documentation, whole-of-life contractual arrangements and tripartite deeds with project financiers.
We are also at the forefront of related developments in Australia, both in establishing government policy frameworks, understanding legal and industry developments and in project evaluation and delivery.
Our practice extends throughout Australia and South-East Asia, Europe and America and has gained an unequalled reputation for managing all aspects of complex transport projects.
Our team provides a comprehensive range of commercially-focused, timely legal solutions across all aspects of the transport (including roads and toll roads) and wider infrastructure sectors. This includes advising on:
- project structuring and project delivery
- mergers and acquisition expertise
- project finance
- risk analysis and management
- preparation of project documentation and contract negotiation
- transaction and project due diligence
- planning, environment and native title advice
- corporatisation and privatisation advice.
Experience
Examples of our recent experience include:
- Brisbane Ferries – Adviser to Brisbane City Council on the refranchising of Brisbane’s ferry system.
- OneLink Automated Fare – Advised in relation to the consortium contracted to design, finance, deliver, install, test, commission, operate, manage, market and promote the automated fare collection system in Melbourne’s trains, trams and buses – the ‘OneLink’ or ‘AFC System’ project.
- Chatswood Interchange development – Acting for Commonwealth Bank of Australia on the A$100 million senior financing of the development of a new transport interchange at Chatswood station, to accommodate the new rail connection between Chatswood and Epping. Acting for Babcock & Brown on mezzanine advice.
- Western Sydney Orbital – Adviser to Transurban in its successful bid for the Western Sydney Orbital project. Adviser to the Deutsche Bank, Baulderstone Thiess consortium in relation to their bids for Western Sydney Orbital toll road project
- Melbourne Citylink Project – Adviser to Transurban on their successful bid for the Melbourne Citylink Project, including all construction and implementation aspects of the project.
- New South Wales RailCorp Rolling Stock – Adviser to bidding consortium in relation to this public private partnership project for the provision of rolling stock under the New South Wales public private partnership framework.
- Sydney M2, M4 and M5 Motorways – Adviser to the Roads and Traffic Authority of New South Wales on the environmental planning issues associated with the development of the M2, M4 and M5 motorways.
- Victorian Government (Department of Infrastructure) – Adviser to the Victorian Government (Department of Infrastructure) on five major rail projects which involved up to A$2 billion in new or upgraded rail infrastructure through Victoria. The five projects are Wodonga Rail Bypass; Mildura Rail Corridor; Geelong Port Rail Access; Dandenong Rail Corridor; and Northern Metropolitan Rail Corridor.
- Victorian Regional Fast Rail Project – Adviser to the Victorian Government (Department of Infrastructure) on the implementation of the Regional Fast Rail Project, the largest regional rail passenger project in Victoria.
- New Southern Rail Link – Advised PricewaterhouseCoopers in relation to its review on behalf of the New South Wales Government of all commercial and contractual aspects of the New Southern Rail Link project.
- Sydney to Canberra Very Fast Train – Adviser to the New South Wales Government and the Department of Transport on all aspects of the original Very Fast Train proposal between Sydney and Canberra, including drafting the Very Fast Train Act 1989.
- Financing of the Privatisation of National Rail and FreightCorp – Acted for Commonwealth Bank of Australia, Sumitomo, WestLB and Westpac who were the joint lead arrangers and underwriters in respect of the Rail America and Newbridge Capital consortium bid in the privatisation of National Rail and FreightCorp.
- Acquisition of the V-Line freight rail business – Adviser to the Australian Transport Network Consortium on the project and lease financing of its bid to acquire the V-Line freight rail business in Victoria. We also represented financiers to the Passenger Victoria consortium, which bid for the V-Line passenger franchise (country Victoria rail and bus passenger services) from the Victorian Government.
Working with you
The mounting pressure on governments around Australia to deliver improved services to taxpayers means they are increasingly looking towards the role that the private sector can play in delivering these services.
In Australia, transport has been the sector that has pioneered private investment in infrastructure development and delivery, particularly toll roads. We offer our clients unrivalled experience in the development and delivery of toll road projects. Our team has advised equity sponsors, debt financiers or government project proponents on every major toll road project in Australia over the last decade. In addition, our experience extends offshore.