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

Queensland Treasury Corporation
Advised on the establishment of its innovative bond program, allowing issuances to Australian, offshore and US domestic institutional investors. We have also advised on some of the subsequent issuances from this platform.

Municipal Association of Victoria
Advised on the establishment of Australia's first municipal note program, the Local Government Funding Vehicle. This involved the establishment of an innovative funding platform under which bonds are issued by a special purpose trust that, in turn, makes loans to 30 participating Victorian councils to fund municipal capital requirements. Creation of the innovative funding platform provided an opportunity for local governments in Australia to pool their funding requirements in order to efficiently access the capital markets. We also advised on the inaugural A$240 million issuance under the program The domestic bond program and issuances are secured.

Treasury Corporation of Victoria
Advised on certain derivatives and debt capital markets matters, including the establishment of a Samurai bond program.

Tasmanian Public Finance Corporation
Advised on various matters for this state funding corporation.

IFFIm
Advised on the establishment of its Kangaroo bond program and inaugural issuance, and the Commonwealth of Australia's A$250 million grant in favour of IFFIm.

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.

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

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

South West Rail Link (NSW)
Advised NSW Government on the construction of the A$2.1 billion South West Rail Link project and the procurement process for all aspects of the project, including the award of the design, construction of the Glenfield to Leppington rail line, and ongoing advice in the delivery phase.

Cranbourne Pakenham Rail Project
Advised Victorian Department of Transport, Planning and Local Infrastructure and PTV on the franchise-related aspects of the $2.5 billion unsolicited proposal put forward by the Rail Transformation Consortium. This involved rolling stock and infrastructure procurement.

Metropolitan Rail (MR3) Franchising Project
Advised Victorian Department of Transport on its $11 billion worldwide tender for the operation of Melbourne's train and tram networks, including working with the project team and its advisers to develop the procurement strategy and tendering packages for the contracts that underpin the operation of the metropolitan train and tram networks.

Transport for NSW (Country Rail)
Advised on complete outsourcing of the operations and maintenance contract for the NSW country regional network (the largest contract of its type in NSW), including all tendering and associated procurement issues. We designed the contract from scratch, and developed a payment structure that accounted for a variable budget while maintaining incentives to perform.

Tram Supply and Support Project
Advised PTV on the procurement of up to 150 trams from Bombardier Transportation Australia Pty Ltd. These trams will be delivered over a six-year period from early 2013 and be leased by PTV to Yarra Trams.

Interim Train Procurement Project
Advised the Victorian DoT on the limited tender process undertaken with two suppliers of the previous tranches of rolling stock. This project involved 36 three-car trainsets, for lease to Melbourne Metro as the operator of the metropolitan train network.

Bayside Trains Procurement
Advised the Victorian Government on all aspects of the procurement and project documentation for the supply of 72 three-car trainsets, coupled with a 15-year maintenance contract, by National Express. The procurement was privately financed under a structured finance package arranged by Macquarie Bank and secured against state-supported project cashflows.

Yarra Trams Project
Advised the Victorian Government on all aspects of the procurement and project documentation for the supply of 36 trams, coupled with a 15-year maintenance contract, by Yarra Trams (Transdev/Transfield). The procurement was privately financed under a structured finance package arranged by Allco and secured against state-supported project cashflows.

V/Line DMU Procurement
Advised the Victorian Government on the procurement of 38 diesel multiple units, with a 15-year maintenance contract, from National Express. The procurement was privately financed under a structured finance package arranged by Macquarie Bank and secured against state-supported project cashflows.

Hillside Train Procurement
Advised the Victorian Government on all aspects of the procurement and project documentation, and on ongoing issues associated with this rolling stock, including transfer of relevant rights to successive train franchisees, changes to maintenance arrangements and exercise of the state’s right to purchase the trains on expiry of the lease term.

High Capacity Metro Trains
Advised the Macquarie / Bombardier-led Consortium on all aspects of its bid for the High Capacity Metro Trains Project, which involves the design, manufacture, finance and maintenance of 37 high capacity metro trains, and a new maintenance depot and stabling yard in Melbourne, under an availability PPP.

WestConnex
Advised WestConnex Delivery Authority on risks, procurement, funding and finance strategies for the WestConnex motorway project, a complex integrated transport scheme worth $11 billion over 10 years, including widening and extension of the M4, an access link to Sydney Airport and duplication of the M5 East.

Herston Quarter Redevelopment
Advised the Queensland Government on the procurement process for the Herston Site Redevelopment Project at the Herston Health Precinct.

Department of State Development, Infrastructure and Planning
Advised on the Broadwater Resort Development, which involved the procurement process for development of a cruise ship terminal, casino, integrated resort development and associated community enhancements on The Spit at the Gold Coast.

SunWater
Advised on standard documentation suites, user guides for tender processes, procurement of goods, services, minor works and construction, and water services agreements for the delivery of:

  • proposed Connors River Dam (a 373,662-megalitre dam, water from which will be transported via a 133 km pipeline to Moranbah QLD);
  • Kenya to Chinchilla Pipeline Project (a 20-kilometre buried pipeline to transport CSG);
  • Woleebee Creek to Glebe Weir Pipeline Project (a 120-kilometre pipeline to transport treated coal seam gas water); and
  • Paradise Dam Upgrade Works (a 300,000 megalitre capacity dam).

Tiger Helicopter procurement
Advising DoD on its Tiger Helicopter procurement issues (including advice on its acquisition and sustainment contracts).

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 relation to the Queensland Flood Commission, in which Seqwater 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 in carrying out the industrial relations reforms the Commissioner had recommended in his report, including a review of its safety management system.

Waterfall Rail Inquiry
Acted for Rail Infrastructure Corporation in relation to the Special Commission of Inquiry into the Waterfall rail accident. The Inquiry investigated the circumstances that led to the derailment at Waterfall, and 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 this rail accident in the NSW Blue Mountains.

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.

Tabcorp
Acted on a select committee investigation into the political integrity of gaming licence renewals in Victoria.

The Parliament of New South Wales
Acted on the Cross City Tunnel Inquiry.