Rail

Australian rail development (including PPPs)

• Inland Rail – acting for the Australian Rail Track Corporation (ARTC) on the iconic Inland Rail Project, the largest freight rail project in Australia (circa $A14 billion), including negotiations with the Commonwealth on project development, equity financing and other structuring arrangements.
• Inland Rail Schott Review – acting for ARTC in its response to ‘The Independent Review of Inland Rail’ authored by Dr Kerry Schott AO, including the creation of a separated delivery entity (Inland Rail Pty Ltd), renegotiation of Commonwealth delivery and funding arrangements and other legal structuring items.
• Paramatta Light Rail – advising Transport for NSW (TfNSW) on all aspects of the $A3.5 billion project to construct a light rail line to serve the Greater Parramatta to Olympic Peninsula including design and construction Infrastructure Contract, Systems, Operation and Maintenance Contracts and rolling stock procurement arrangements.
• Western Sydney Airport Rail Infrastructure Project – advising TfNSW on all aspects of the proposed rail infrastructure to Western Sydney Airport (Badgerys Creek) worth $A2 billion including design and construction, negotiations with the Commonwealth, rail safety and accreditation, Commonwealth and NSW procurement processes, environmental processes (including EPBC Act, Airports Act and EPA).
• Inland Rail Gowrie to Kagaru PPP – acting for ARTC on the preparation of project documentation for the multibillion-dollar Gowrie to Kagaru PPP section of the Inland Rail Project and ARTC’s development agreement with the State of Queensland.
• Gold Coast Light Rail PPP – Acted for the successful bidder for the D&C Contract role for Stage 2 of this PPP project.

Operation and maintenance

• ARTC Interstate Networks – acting for ARTC on all aspects of the operation and maintenance of the New South Wales Interstate Network, the Southern Sydney Freight Line, the Metropolitan Freight Network and the Victorian Interstate Network.
• MR3 & MR4 – advising Metro Trains Melbourne (MTM) for 12 years on and from its successful bid for the Melbourne Metropolitan Rail Franchise in 2009 (known as MR3). Most recently, this includes advising on the successful bid for a new franchise for a further term of 7 years (known as MR4).

Rolling stock procurement

• Australia QLD New Generation Rollingstock PPP – advised a shortlisted bidder on contractual obligations, interdependence and European PPP practices for the purchase of 75 new electric trains - one of the largest procurements of passenger rollingstock in Australia at $4.4b.
• Queensland Train Manufacturing Program – acted for Laing O'Rourke in its joint bid with Alstom the QTMP Project run by the Queensland Department of Transport and Main Roads. The project involved the supply of new multiple units for operation on the Queensland Rail network and for the construction of train manufacturing, maintenance and stabling facilities for these new multiple units.

Regulatory

• ARTC Rail Access Undertakings – developing and acting for ARTC on all aspects of the Hunter Valley and Interstate track ACCC voluntary access undertakings (including contractual arrangements with above rail operations).
• Aurizon
  • Securing ACCC clearance for the acquisition of One Rail Australia, and subsequent divestment of East Coast Rail via an enforceable Undertaking remedy.
  • Securing Australian merger clearance for the acquisition of OneRail and subsequent divestment of the Qld coal haulage business via 87B Undertaking.

Project Finance

• Gold Coast Light Rail PPP
  • Acted for the financiers to the successful bidder on the design, construction, operation and maintenance of 13km light rail on the Gold Coast.
  • Acted for the Project Financiers that refinanced the existing Stage 1 Project, provided the construction funding for Stage 2 of the project, and are now advising on stage 3 of the project.
• High Capacity Metro Trains, acting for 3 different consortia
  • High Capacity Metro Trains PPP – acting for the financiers to the Eureka Rail Consortium (Alstom, the Bank of Tokyo-Mitsubishi UFJ and John Laing) on its unsuccessful bid.
  • High Capacity Metro Trains PPP – acting for the syndicate of financiers on Bombardier Transportation’s bid for the delivery of the largest rolling stock order in Victoria.
  • High Capacity Metro Trains PPP – acting for the financiers to the Evolution Rail Consortium (Plenary, Downer EDI, Changchung Railway Vehicles) on its successful bid.
• NSW Rolling Stock PPP – acting for the financiers to Reliance Rail on the $3.6b contract to provide suburban passenger trains (including reviewing and approving all rolling stock and through life support subcontracts). 

Dispute resolution

• North West Rail – acting for CIMIC Group Limited and John Holland on the North West Rail dispute with its design joint venture.
• Cross River Rail – advising the TSD Contractor and RIS Alliance on a successful reset and integration deal on the CRR project for the Tunnel and Stations Development package RIS package.

International experience

• A rail company in Hong Kong
  • Dispute with the Government of HKSAR arising from the Entrustment Agreement for the construction and commissioning of the Express Rail Link.
  • Joint venture agreements, pre-tender joint venture agreements and contracts in relation to rail projects in Hong Kong.
  • Investment in the Shenzhen Metro Lines 3 and 4 BOT Project linking Hong Kong and Shenzhen and Beijing Subway Line 444 PPP Project.
  • Drafting of suites of documentation and negotiations with employing authorities, including consulting agreements, in termination of contract (Long Rail Handling / Transport Facility on Railway Wagons) adverse to Yardway Motors Limited.
  • Entrustment Agreement in relation to the Shatin Central Link.
  • Arbitration against Build King Construction Limited – Maritime Square Project.
• China Railway International Company Limited
  • Advised on China-Thailand High-Speed Railway Project (Bangkok - Nakhon Ratchasima Section).
  • Advised on Sino-Laos Railway Project executed on a BOT basis.
  • Acted as a regular consultant and advised on the Orange Line Metro Train (OLMT) project in Pakistan, Kuala Lumpur-Singapore high-speed rail project, Indonesian Jakarta-Bandung high-speed rail project, and Hungary-Serbian railway project.
• China Railway Construction Corporation (International) Limited – Advised on Thailand High-Speed Rail Linking Three Airports Project.
• A Chinese SOE – Advised on China-Kyrgyzstan-Uzbekistan Railway Project.
• Veolia Transport
  • Advising on the acquisition of the Hong Kong Tramways.
  • Advising in relation to its joint venture with RATP Dev in Asia.