Transport, Road, Rail and Ports

Demand for new infrastructure will be especially high where the two classic signs of infrastructure shortfalls — congestion and overcrowding — are evident. Australia's ports and principal airports will require major upgrades and expansion to avoid gridlocking the nation's logistics network. Urban highway and rail networks will also require priority attention in order to deliver more efficient outcomes for commercial traffic and commuters.

Our infrastructure lawyers have unparalleled experience advising governments and the private sector on all aspects of port, airport, road and rail projects. We provide tailored and cross-disciplinary teams for the project lifecycle – from strategic input through to project delivery and dispute resolution – and seamlessly integrate specialists in real estate, planning, environment, construction, tax, finance, competition and regulatory, insurance and dispute resolution to manage risk and achieve the best outcome for the project.

Acquisition of the Mermaid Marine Supply Base from MMA Offshore

Advised Toll in relation to its strategic acquisition from MMA Offshore of the Mermaid Marine supply base and logistics supply base business for approximately $44 million. The acquisition of assets included property leases, inventory, plant and equipment, leased equipment and statutory licences.

Toll / Sea Swift Merger Authorisation

Advised Toll Holdings Limited on competition issues relating to the sale of its coastal and community shipping in the Northern Territory and Far North Queensland to Sea Swift, including in relation to ACCC clearance process and the subsequent application for merger authorisation from the Australian Competition Tribunal. This landmark matter raised some of the most novel and complex competition issues of an Australian merger in recent times and resulted in a successful commercial outcome for two premier freight operators.

Wiggins Island Coal Export Terminal - A$700m construction disputes

Advising in relation to disputes brought by multiple contractors arising from the construction of the wharf, jetty and shiploader components of the Project. This has involved high level strategic advice as well as taking carriage of several Supreme Court proceedings and defending major claims brought under the BCIPA.

Long term lease of Port of Darwin

Advised on the grant of the long term lease of Port of Darwin by way of a competitive process, involving significant asset restructuring, preparation of special transaction legislation, and extensive bespoke project documents. The transaction model was the a significant asset restructure to create an operating vehicle for sale under an M&A style sale and purchase agreement, combined with the grant of a long term lease of the Port assets.

$310 million Berth 8 and 10 upgrade at Port of Townsville

Port of Townsville Limited has commenced an expansion of the Port of Townsville to address current capacity constraints and accommodate forecast growth in trade over a planning horizon to 2040.  We are assisting the Port of Townsville Limited in all matters associated with the $310 million upgrade of two major berths at the Townsville port including the project delivery method which is now proposed to be a competitive ECI. This project involves reclamation, general construction and upgrading of facilities.