About Kip Fitzsimon
Kip specialises in Major Projects and Construction. She leads the Infrastructure Sector team at Allens and is widely recognised as a leading infrastructure lawyer. She is experienced in the infrastructure, property and energy and resources sectors and has advised sponsors, lenders, government and a broad range of contractors/operators on various aspects of project development on some of Australia's most iconic projects. Kip also has a comprehensive understanding of public-private partnerships (PPPs), having acted on both the government and consortium side of these projects across Australia for over 14 years.
Kip's practice includes:
- advising on the origination of new infrastructure (including competitive bid processes, unsolicited or market-led proposals, private developments and other forms of procurement); and
- advising on the delivery and operational aspects of major infrastructure projects.
Kip’s experience includes:
- Country Regional Network – advising UGL on the long term OandM contract for the Country Regional Network.
- Sydney Metro Line Wide – advised CPB Contractors and UGL Limited (as a joint venture) in its successful bid for the Line Wide Works as part of the Sydney Metro Project. This role involved the negotiation of complex interface arrangements with multiple packages across the Sydney Metro Project as well as other private developers.
- Melbourne Metro PPP – led the D&C Workstream for Cross Yarra Partnership on a PPP with the State of Victoria for the delivery of the Sydney Metro Tunnel and Stations PPP. This involved the negotiation of complex interface arrangements, the D&C Contract and ancillary documents.
- Sydney Metro Pitt Street OSD – acted for CPB Contractors on its successful bid (as D&C Contractor) to Sydney Metro for the development of the Pitt Street Over Station Development (OSD). This required review and negotiation of the OSD Project Delivery Agreement and Station Delivery Deed. The structure of this deal was complex and unique and Kip continues to support the Client during delivery.
- Zero Emissions Buses Project – advising Transport for New South Wales on all aspects of this multi-billion dollar program to transition the state’s 8,000 plus diesel and natural gas public transport buses to zero emissions technology.
- NSW Schools PPP 1 and 2 - advised Schools Infrastructure NSW on all aspects of the augmentation of this historical PPP (including a review of the KPI regime in the O&M Agreement).
- Sydney Metro Waterloo Station, OSD and Precinct – acted for underbidder on its bid to Sydney Metro for the development of the Waterloo Station, the over station development (OSD) to be constructed above the station, as well as development of an adjacent mixed-use precinct. This required review and negotiation of the Station Delivery Deed and the OSD Project Delivery Agreement as well as third party interface agreements.
- Victorian Desalination PPP – advised the State on this major PPP and was Downstream Lead responsible for preparing and negotiating the D&C and O&M Contracts.
- SA Desalination PPP – advised the State on this major PPP and was Downstream Lead responsible for preparing and negotiating the D&C and O&M Contracts.
- Melbourne Metro Tunnel and Rail PPP – acted for Cross Yarra Partnership (joint venture comprising Lendlease Engineering, John Holland and Bouygues Construction Australia), the winning consortium on a success bid for the $6 billion Melbourne Metro Runnel and Station PPP.
- Kwinana Waste-to-energy Project – Advised Phoenix Energy Australia on all aspects of Australia's first thermal WTE facility being developed in Kwinana Industrial Area.
- INPEX – acted for Inpex on the Icthys Project drafting and negotiating the FEED and EPC Contracts for the CPF, FPSO, Turret and Onshore packages. This required complex cross-jurisdictional negotiations in a tight timeframe.
- Roy Hill Mining – Advised on the $1.5 billion EPC Contract for the establishment of the Roy Hill mine.
- Albemarle Lithium – Advising on the development of its Lithium Hydroxide processing facility in Western Australia.
- M1 Pacific Motorway Extension to Raymond Terrace – Advising on the procurement of the ~$2.1 billion M1 Pacific Motorway Extension to Raymond Terrace (M12RT) using a collaborative design and construct contract.
- WestConnex (Stage 1, 2 and 3A) – Advising on various issues relating to the delivery of the M4, M8 and M4-M5 Link Motorways.
- Darling Harbour Live - International Convention Centre PPP – advising Project Co on all aspects of the Project Documents including extensions and augmentations to the Project Deed.
- Sydney Metro Western Sydney Airport – Sydney Metro on the procurement of the Surface and Civil Alignment Works design and construction package through-out the EOI and RFP process.