Allens

Experience

Below is some of our recent experience in the following areas:

Allens has been appointed to numerous legal panels for government clients.

Projects

South West Rail Link, NSW
Advised Transport for NSW (formerly the NSW Transport Construction Authority) in relation to the South West Rail Link project (with a value in excess of $1.3 billion). The project involved construction of a new 11.4km rail line from Glenfield to Leppington, two new train stations, a train stabling facility at Rossmore, and an upgrade of the existing Glenfield Station and bus/rail interchange.

RailCorp, NSW
Advised the program alliance for approximately $1 billion worth of capital and maintenance works on the RailCorp network from 2009-19, and on the design, implementation and operation of the $1.2 billion electronic ticketing system.

Contestability Project, NSW
Advised Country Rail Infrastructure Authority on the Contestability Project (in excess of $1.2 billion). This involved the complete outsourcing of the management, operation and maintenance of the country regional rail network in NSW.

Metropolitan Rail (Train and Tram) Franchising Project, Victoria
Advised the Victorian Government on its international tender for the operation of Melbourne's train and tram networks, which have an aggregate value in the order of $11 billion. Victoria's public transport franchising contracts provide for the transfer of responsibility for above and below rail operations for the term of the franchises and include extensive performance incentive and reporting regimes.

Oakajee Port and Rail, WA
Advised the Western Australian State Solicitor's Office, the Department of State Development and the Public Transport Authority on the development of the $6 billion Oakajee Deep Water Port and Rail Project and the related Karara to Tilley Rail Project.

Southern Cross Station Redevelopment, Victoria
Advised the Victorian Government on the redevelopment of Southern Cross Station, Victoria's main intermodal transport interchange. This was the first infrastructure project to be undertaken as a Public Private Partnership under the Partnerships Victoria framework.

Gateway WA Project
Advised Main Roads Western Australia on the planning and delivery stages of an extensive upgrade of the road network around Perth Airport as part of the Gateway WA project.

Sunshine Coast Motorway, Queensland
Advised the Queensland Department of Main Roads and Transport on the $8 billion Sunshine Coast Transport Project.

Gold Coast Rapid Transit PPP, Queensland
Advised Plenary Group and its GoldlinQ Consortium partners on its winning bid to finance, design, build, operate and maintain the Gold Coast Rapid Transit PPP, a 13-kilometre light rail network and associated infrastructure on Queensland's Gold Coast.

Desalination Plant, Victoria
Advised Melbourne Water in relation to its role in the development of the $3.5 billion Victorian Desalination Plant project. The Victorian desalination project will be delivered as one of the largest PPP projects in the world and will be Australia's largest desalination plant.

New Royal Adelaide Hospital, SA
Advised the financiers to the South Australian Health Partnership consortium on the $1.85 billion new Royal Adelaide Hospital PPP. This will be Australia's most advanced hospital, and the single largest infrastructure project in South Australia's history.

Austin and Parkville Neuroscience Developments, Victoria
Advised Florey Neuroscience Institutes on all aspects of the design and construction of the Austin Hospital and Parkville Neuroscience developments.

Privatisation

Electricity privatisation, Queensland
Advised the Queensland Government on the restructuring and disposal of its energy businesses, Powerdirect Australia, Sun Retail, Sun Gas, and Allgas Energy, for a total value of more than $3 billion.

Wind and gas asset sales, Queensland
Advised the Queensland Government on the sale of its wind farm assets and gas businesses. This was Australia's largest ever wind farm sale comprising five operating wind farms and 14 development sites.

Electricity privatisation, SA
Advised the South Australian Government on the disaggregation, restructuring and privatisation (by way of sale and long-term lease) of its electricity assets.

Public transport privatisation, Victoria
Advised the Victorian Government on the corporatisation and privatisation of the Victorian rail freight and passenger rail transport networks.

QR National float, Queensland
Advised Queensland Treasury on all aspects of the restructure of Queensland Rail and $6.7 billion float of QR National, the largest Australian IPO since Telstra.

Abbot Point Coal Terminal divestment, Queensland
Advised the Queensland Government on the $1.83 billion divestment of the X50 Abbot Point Coal Terminal to Mundra Port Pty Ltd, involving a 99-year lease.

Rail Freight Sales Taskforce, NSW
Advised on the sale of Freight Rail Corporation and the NSW Government's 20 per cent interest in the National Rail Corporation to National Rail Consortium for $1.17 billion.

Telstra privatisation scoping study
Advised the Commonwealth Government on the Scoping Study for the Stage 1 privatisation of Telstra. The Scoping Study provided a detailed and comprehensive analysis of the legal issues associated with Stage 1 privatisation.

Capital markets

Commonwealth Syndicated Issue of Treasury Indexed Bonds
Advised the Australian Office of Financial Management on the preparation of documentation for a syndicated issue of a new $1.25 billion 20-year Treasury Indexed Bond in 2010.

Auto Floor Plan financing ('OzCar')
Advised the Commonwealth in establishing a Special Purpose Vehicle to provide funding of up to $1.3 billion to financiers of Australian car dealerships following the withdrawal of major financiers to that sector. This was the most legally complex securitisation in Australia in the past 20 years and the first Commonwealth Government guaranteed securitisation in Australia.

Tasmanian Public Finance Corporation, Queensland Treasury Corporation and Treasury Corporation of Victoria
Advised Tascorp on its $5 billion MTN programme, QTC on its inaugural Domestic 144a Programme and TCV in connection with its investment and borrowing powers.

International Finance Facility for Immunisation Corporation MTN Programme
Advised the International Finance Facility for Immunisation Company (IFFIm) on its inaugural $400 million kangaroo bond issue, and in relation to the Commonwealth Government's grant made in favour of IFFIm.

Australian Government Guarantee
Advised Australia's two largest banks, Westpac and CBA, on the Australian Government Guarantee of large Deposits and Wholesale Funding Liabilities.

Procurement (including technology procurement)

Projects Queensland
Advised the Queensland Government's Projects Queensland on the procurement of the State's $457 million Government Wireless Network (GWN) project.

Rolling Stock procurement, Victoria
Advised the Victorian Department of Transport on the procurement of new rolling stock for the State's passenger rail and tram networks.

SmartCard procurement, Victoria
Advised the Victorian Department of Health on the procurement of a SmartCard solution to facilitate secure access to government systems for healthcare workers in the public sector.

Queensland Health technology procurement
Advised Queensland Health on the drafting, review, and negotiation of a number of technology agreements, including negotiating eight inter-linked contracts with major service providers in establishing Queensland Health's telephone and internet services across Queensland.

Passenger information system procurement, Queensland
Advised TransLink in relation to its procurement of a real-time passenger information system for the South East Queensland bus, ferry and train public transport network.

Department of Defence
Advised the Department of Defence on a broad range of equipment procurement and sustainment matters, including IT procurement and software agreements.

Transport Infrastructure Development Corporation IT procurement
Advised on general IT procurement agreements and assisting TIDC with the drafting and negotiation of its multi-year whole of IT outsourcing tender and contract arrangements and documentation.

Treasury Corporation of Victoria IT procurement agreements
Advised Treasury Corporation of Victoria in updating its standard form IT systems procurement agreement and advising on an ASP hosting procurement contract module to that agreement.

NBN Co wireless network procurement
Advised NBN Co on the procurement of its wireless network from Ericsson and on its procurement of a lawful intercept solution.

Legislative and regulatory reform

Victorian public transport reform
Advised the Victorian Government on the reform of the Victorian public transport system over more than a decade. In addition to privatisation work, this involved advising in connection with the Rail Corporations Act 1996, the Transport Integration Act 2010, the Transport Legislation (Taxi Services Reform and Others Matters) Act 2011 and numerous amending Acts and associated Regulations.

South Australian electricity industry reform
Advised the South Australian Government on the disaggregation, regulatory reform, restructuring and sale of its electricity assets in preparation for entry into the National Electricity Market. This was one of the most complex restructuring, design and privatisations of an industry ever undertaken in Australia, requiring the implementation of an entire regulatory regime.

National energy customer framework
Advised the Ministerial Council on Energy's Retail Policy Working Group on the development of the National Energy Customer Framework for the regulation of gas and electricity distribution and retail activities.

Retailer of Last Resort
Engaged jointly with NERA Economic Consulting by the Ministerial Council on Energy to develop a framework for a national retailer of last resort scheme for electricity and gas.

Australian energy market reform
Advised the Standing Committee of Officials (a committee formed under the Australian Ministerial Council on Energy) on the development and implementation of significant reforms to the regulation of Australia's energy markets including the new National Electricity Law, and the conversion of the National Electricity Code into the National Electricity Rules.

Victorian gas and electricity industry reforms
Advised the Victorian Government on the reform of its electricity and gas industries including on the drafting and implementation of the legislative and regulatory aspects of the reforms, as well as the changes needed to enable the disaggregation and privatisation of the government-owned businesses in those industries.

Commissions and inquiries

Queensland Floods Commission of Inquiry
Advised Seqwater, the owner and operator of the Wivenhoe and Somerset Dams in Queensland, in the Queensland Flood Commission where it assisted the Commission in understanding the key decisions taken during the major flood event in January 2011.

Pike River Mine Royal Commission
Acting for the liability insurer of an engineering contractor involved in the Royal Commission of Inquiry into the Pike River Coal Mine disaster in November 2010.

Victorian Bushfires Royal Commission
Represented the Insurance Council of Australia Limited in relation to the 2009 Victorian Bushfires Royal Commission. The Council, on behalf of the insurance industry in Australia, had a significant interest in issues raised in the Commission's inquiry, particularly concerning the funding of fire services through levies on insurance premiums.

Walker Special Commission Inquiry
Represented Sydney Ferries before the Walker Special Commission Inquiry. Allens also assisted Sydney Ferries to carry out the industrial relations reforms, which had been recommended by the Commissioner in his report, including a review of its safety management system.

Waterfall Rail Inquiry
Acted for Rail Infrastructure Corporation in respect of the Special Commission of Inquiry into the Waterfall rail accident. The Inquiry investigated the circumstances that led to the derailment at Waterfall and it made a number of findings and recommendations concerning specific and general aspects of safety management systems of the rail agencies.

Glenbrook Rail Inquiry
Acted for the insured at the Special Commission of Inquiry into the Glenbrook train accident and in civil litigation brought by various parties who suffered damage as a result of a rail accident at Glenbrook in the NSW Blue Mountains.

Inquest into the death of Tyler Cassidy
Acted (pro bono) for the Human Rights Law Centre in connection with the inquest into the death of Tyler Cassidy, a fifteen-year-old shot by Victoria Police in December 2008.

Coronial inquiry
Acted for Melbourne Water in relation to a coronial inquiry investigating a workplace death.

Inquiries into deaths at Port Phillip Prison
Acted for G4S in relation to various inquests and other inquiries relating to deaths at Port Phillip Prison.