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.

Toll / Sea Swift Merger Authorisation

Advising Toll Holdings Ltd on competition aspects relating to Sea Swift's proposed acquisition of certain shares and assets relating to Toll Marine Logistics' business in the Northern Territory and Far North Queensland, including the ACCC clearance process and the successful application for merger authorisation from the Australian Competition Tribunal (one of only two applications that have resulted in authorisation being granted).


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.

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.