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Expertise

David is a projects lawyer who specialises in the development and operation of projects in the transport, energy, utilities, mining, hospitality and entertainment, waste and infrastructure sectors for both owners and contractors. He has major project experience internationally and in-house, having undertaken long-term secondments in the energy, mining and transport sectors.

David’s sector experience comprises transport (port, rail and airports), energy (renewables), utilities (district cooling, gas and water), mining (coal and iron ore), hospitality and entertainment (integrated resorts and casino) and waste (EfW).

Through his commercial approach and easy to work with attitude, he continues to be recognised by his peers and industry bodies. Recently accolades include being recognised in Best Lawyers 2016 - 2020 in construction and infrastructure and by IFLR1000 as a “Notable Practitioner” for Project Development in construction and materials, energy and transport (2020). He has also been listed in Legal 500 as a 'Recommended lawyer" in Construction and Energy (Transactions and Regulatory).

Experience

David’s experience includes:

Energy

  • advising SUEZ as O&M contractor and waste supplier on its participation in the East Rockingham Energy from Waste Project. This was only the second EfW project in Australia to reach financial close
  • advising a leading waste sector company on the development of energy from waste projects
  • advising a renewables fund on the drafting and negotiation of EPC and O&M contracts for a rooftop solar project in three jurisdictions
  • advising the Australian Renewable Energy Agency (ARENA) on various projects, including the $92m competitive funding round for Large Scale Solar; funding agreements for FCAS trials and testing the commercial viability of delivering decentralised, high-penetration power to regional towns; and the Coober Pedy Diesel Hybrid (Solar PV and Wind) Project.

Transport

  • advising Transport for New South Wales (TfNSW) on the Regional Rail Project for the design, build, finance and maintenance of three regional fleets, a new purpose-built maintenance facility in Dubbo and ongoing fleet maintenance for the first 15 years. David advised on network access interfaces in several jurisdictions and due diligence on subcontract flow-down from the project agreement to the delivery and maintenance subcontractors; he also assisted in the drafting of the project deed and closing
  • drafting of bespoke rail and port access frameworks and review of standard access agreements in connection with proposed access regimes for major participants in the port and rail sector
  • advising the Government of the Democratic Republic of Timor-Leste (Ministry of Finance) and World Bank in a peer review role on the concession agreement for the Tibar Bay Port Concession
  • advising Abu Dhabi Airport Company on various major development and O&M contracts, including construction of a new terminal building, an integrated logistics hub, an aerospace cluster and baggage handling systems.

Utilities and property developments

  • advising the sponsors of the multi-billion dollar Queen’s Wharf Brisbane integrated resort project comprising casino, hotels, repurposed heritage buildings, restaurants and bars, residential towers, pedestrian bridge and significant public realm facilities. As lead partner, his role included advising on:
    • consortium arrangements and project bid
    • project documents with the Queensland State Government
    • construction contracts (demolition, early works, excavation)
    • development management agreements
    • project interface agreement
  • advising government-owned developer Nakheel in Dubai on various project-financed concessions for district cooling, gas, wastewater and potable water.

Mining and resources

  • advising Batchfire Resources on the procurement of mobile mining fleet, long-term maintenance and repair contracts (MARC) and various works agreements
  • advising Mitsubishi Developments on the Oakajee Port & Rail Project, a multi-billion dollar proposed project for the development of a greenfield integrated rail and port supply chain for the haulage and handling of magnetite iron ore
  •  advising a leading iron ore producer on port and rail capacity arrangements, including drafting of take or pay contracts for haulage, unloading, stockpiling and loading of iron ore
  • advising a leading coal producer on mine development contracts for a greenfield thermal coal mine.

Procurement

  • advising the Government of the Democratic Republic of Timor-Leste (Ministry of Finance) on a new public procurement law, including drafting of the law and regulations and preparing associated template procurement tender and contract documents
  • drafting and training on template procurement contract suites for various clients.

Publications

24 February 2021 - Knowledge

Inside track: Local Government

#Local Government, #Construction, Infrastructure & Projects, #Planning, Environment & Sustainability

We provide a snapshot of the recent regulatory and policy developments affecting the waste industry in Victoria, Queensland and NSW that local governments need to be aware of.

20 January 2021 - Knowledge

Queensland Government Bulletin

#Government, #Construction, Infrastructure & Projects, #Corporate & Commercial Law

Good faith is an obligation frequently included in agreements involved in a major project

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