Public Private Partnerships

Well structured and efficiently implemented public private partnerships (PPPs) enable governments to reap the financial and efficiency benefits of partnering with the private sector to deliver public infrastructure and services. They can be the blueprint for the public and private sector working together to deliver better value-for-money services to the community.

Our PPP team has an unrivalled reputation for providing quality strategic, legal and commercial advice to assist in the delivery of major public sector infrastructure and services.

We have been instrumental in the development of the Private Financing model in Australia: We drafted and advised the Victorian government on its Partnerships Victoria policy and guidance documentation, which is the first private financing methodology of this type in Australia. The Commonwealth Private Financing guidelines, NSW 'Working with Government' Guidelines and other State government private financing methodologies explicitly state that they have procedural consistency with Partnerships Victoria. We are also retained by the Victorian Department of Treasury and Finance and NSW Treasury (and indirectly other State and Commonwealth Treasuries) to advise on the development of whole of government Standardised Commercial Principles for risk allocation and contract management in PPPs. This task is being carried out as an initiative of the National PPP Forum.

We have been at the forefront of the development of Australia's PPP sector and are now exporting those skills into Asia. Our on-the-ground lawyers in Hong Kong, Beijing and Shanghai work on infrastructure projects in many Asian jurisdictions, giving us an acute understanding of the local challenges and opportunities.

Having acted for both private sector participants and the government on numerous PPP deals, we have extensive specialised knowledge of the current market risk positions being achieved and risk mitigation strategies being employed in this sector. Our track record acting for buyers, sellers, developers, contractors and financiers means that we understand the various aspects of these transactions, what works and what doesn't, and are able to identify and pre-empt issues before they arise, leading to time and cost efficiencies. Our respected PPP team is engaged on a recurring basis and we have participated in almost all social infrastructure PPP deals across Australia.

Orange Hospital PPP Project

Acted for the Carewest consortium (Westpac/Abigroup/Honeywell/Medirest) on its bid for the Orange Hospital PPP project. We advised on all aspects of the consortium's bid to NSW Health on this project to finance, design, construct and facilities manage a new hospital in Orange, NSW.

NSW Social Housing PPP Project - Airds-Bradbury

Acting for the NSW Department of Housing and the Department of Finance & Services on the new NSW Social Housing PPP at Airds-Bradbury. This (approx) A$500 million project involves the renewal and revitalisation of a social housing estate with 1470 dwellings located in the Campbelltown local government area. As principal legal advisors to the NSW government on only the second project of its kind in Australia, this is one of the most complex infrastructure projects to be delivered under the PPP framework to date.

Sydney Ferries Market Review Project

Acted for the NSW Department of Transport & Infrastructure in the Sydney Ferries Market Review project. This was a high profile and politically sensitive project to implement the recommendations of the Walker report into the operation of Sydney Ferries.

South East Queensland Schools PPP Project

Advised Aspire Schools Consortium on its successful bid for the SEQLD schools PPP project to build and maintain seven schools over a number of years. This was the first PPP to utilise the Supported Debt Model where Queensland Treasury Corporation provided term debt which resulted in complex inter-creditor arrangements with construction and term debt providers. The transaction received the Euromoney Project Finance Asia Pacific PPP Deal of the Year.

Northern Beaches Hospital PPP Project

Advised New South Wales Health Infrastructure on the design, construction and build of the Northern Beaches Hospital PPP Project using a clinical services outsourcing model, including procurement and financing structures, managing diverse stakeholder interests and NSW Government and NSW Health policy issues. The finalised RFT structure and documentation was endorsed by the NSW Government as a preferred core procurement methodology for hospitals in the State going forward.