Contract and Commercial

MinterEllison is a trusted legal adviser to all levels of government for their most complex and sensitive contract and commercial law matters. Our work with State and Federal governments provides us with a deep, comprehensive knowledge of the regulatory framework and context in which government operates. We have acted for government in a number of significant asset sales, privatisations and corporatisations.

Our team has a depth of expertise in advising government on a wide range of commercial documentation, including: major infrastructure project contracts; outsourcing and procurement; requests for tender; funding agreements and grants; services and consultancy agreements; drafting templates and advising on commercial documentation, licences and arrangements; contracts; deeds of standing offer; memoranda of understanding; ICT contracts and research agreements. We have experience in adapting standard form contracts and preparing bespoke contracts and commercial structures to suit unique, complex and innovative projects and to comply with legislation and regulatory requirements.

MinterEllison has also acted as principal advisers to government in many significant public private partnership (PPP) projects in the justice, health, education, roads, transportation and telecommunications sectors. Our team is able to advise government on the commercial documentation to give effect to alliances and PPPs, with expertise in the development of request for tender and associated project documentation. As advisers to the NSW and Victorian Governments on the development of whole-of-government standardised commercial principles for risk allocation and contract management in relation to PPP projects, MinterEllison is well placed to advise government on these often complex and ground breaking projects.

Applying our leading industry expertise and our significant government experience, our team is able to deliver commercially innovative solutions to assist our government clients to meet their business outcomes and effectively manage risk whilst complying with the need for probity, accountability and transparency inherent in all government transactions.

Railcorp Reform Program and rail access arrangements

Advised Railcorp and Transport for NSW (TfNSW) on rail access arrangements and related issues associated with the Railcorp Reform Program and the establishment of Sydney Trains and NSW Trains. This included reviewing and amending the standard rail access agreement to take account of the changed arrangements between RailCorp, TfNSW and Sydney Trains and the requirements of the Rail Safety National Law as well as assisting with negotiations with rail operators. We also assisted with rail access arrangements for Sydney Trains and NSW Trains to the NSW rail network and ARTC network.

Port Kembla Harbour Expansion

Advised Port Kembla Port Corporation in relation to its project to expand the cargo handling facilities at Port Kembla. The project involved the expansion of cargo handling facilities, redevelopment of the terminal and construction of a new wharf which required dredging in the Inner Harbour. This transaction was widely considered to establish a new benchmark in transaction preparation and execution.

Privatisation of National Rail Corporation Ltd

Assisted National Rail Corporation Limited (now Pacific National) in relation to the sale of the Commonwealth, NSW and Victorian Governments' interests in National Rail.

Roads & Maritime Services pro-forma design and construction project deed

Acted for Roads & Maritime Services (RMS) on preparing the new design and construction project deed for use on major projects. Work involved participating in workshops to discuss risk allocation and drafting the new form of contract in close consultation with the RMS legal and commercial teams.

National Health Reform Business Information Systems Program

Advised the Department of Health and Ageing in the implementation of the National Health Reform Business Information Systems Program. The project involved multiple approaches to market, the engagement of multiple vendors (including hardware, software, managed services and data transformation services), vendor integration and complex IP issues. We also advised the Department in relation to issues concerning delivery of the solution.