Royal North Shore Hospital (RNSH) PPP
Advisor to RNSH on this significant PPP in the hospital sector involving substantial redevelopment of one of the country’s leading hospitals. The project included the finance, design and construction of major new hospital facilities and management, maintenance and provision of other services associated with them including the operation of a new public hospital car park. Mallesons’ team brought this complex PPP to financial close in a very tight timeframe in difficult market conditions for our client, the winning consortium.
NSW RailCorp Rolling Stock PPP
We advised the lenders on the financing, design, construction and maintenance of the A$3.6 billion NSW RailCorp Rolling Stock PPP. The project involved the design, construction and maintenance of a total of 626 passenger rail carriages on Sydney’s CityRail network and the design and construction of a major new rail maintenance facility. It is the largest rolling stock acquisition in the country’s history.
“Ark” Development at Mount Street North Sydney
We acted for Investa on the “Ark” project - a new A-Grade commercial office building being constructed in North Sydney CBD. Mallesons prepared and negotiated a number of contracts for Investa, including early works contracts, preferred tenderer arrangements and a lump sum design and construct contract for the new premises. We ensured that Investa achieved its goal of ‘locking in’ its preferred building contractor (to an agreed form of contract and lump sum price) at the time of execution of the Agreement for Lease, but with a procedure to further negotiate the contract price before commencement of construction of the new premises.
Xstrata Coal Limited - Mangoola Coal Project, New South Wales
Advisor to Xstrata Coal on preparing and negotiating two major alliance contracts, one with Parsons Brinkerhoff and the other with Downer EDI Engineering Projects for the development of the infrastructure for the $1 billion Mangoola Coal Project in the Upper Hunter Valley, New South Wales. Mallesons facilitated the finalisation of the two alliance contracts on a relationship based contracting approach to meet the client’s objectives
Queensland Investment Corporation - Canberra Centre Expansion and Office Development
We acted for Queensland Investment Corporation in the construction of a new shopping centre comprising 30,000 metres of retail space and associated car parks, linking to the existing Canberra Centre complex. In addition, the project included the construction of 70,000 metres of office space and associated car parking. The office component was constructed on the back of QIC being the successful tenderer to construct the Australian Taxation Office’s new National Headquarters, which at the time was the largest leasing transaction in Australia.
ConnectEast and East Link Project
We acted for ConnectEast ,which is the entity which owns the East Link (Victoria’s largest private sector road) on two arbitrations - one involving the Source Code for the tolling system and the other involving the entitlement of the Contractor to be paid a Semi Final Progress Claim.
Barminco Limited v. Copper Mines of Tasmania Limited
Advisor to Barminco on the dispute it had with Copper Mines of Tasmania over the Mount Lyell copper mine in Tasmania. The dispute concerned the rate which our client was to be paid for its contract mining works. The matter proceeded to an expedited arbitration process and was ultimately resolved over a number of days of mediation.
OSCar Hunter disputes
This was a large scale infrastructure dispute with complex technical delay and disruption issues. It was channelled into an expensive, repetitious and unproductive Contract dispute resolution process. Through a combination of litigation and negotiation, Mallesons’ team set the scene for and then prepared an alternative expedited arbitration model, which the parties have embraced and which is presently running.
“Mallesons Stephen Jaques has an impressive array of talent in the Asia-Pacific region, fielding five leading nominees from offices in Australia and Hong Kong.”
The International Who’s Who of Construction lawyers 2007