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Expertise

Scott advises private and public sector clients on major projects. He acts for owners, contractors and bidders in relation to all aspects of a project including advising on procurement and contracting methodologies and approaches to market, documenting the procurement process, drafting and negotiating the contract and also acting as probity advisor. Scott has specific expertise in government infrastructure projects, general contractual and legislative advice and the tendering process (at all levels of government).

Scott is highly regarded in the sectors of water, social housing, ports and transport, government, and information technology requirements. 

Scott regularly speaks at conferences on new forms of project delivery and also is a regular contributor to journal articles on relevant topics

Experience

Scott’s experience includes:

  • advising numerous entities in relation to the WestConnex project in connection with affected utilities owners and contractors and subcontractors 
  • advising large institutional project entities in relation to long term sale and leaseback of university assets
  • advising proponents in relation to their market led proposal for the Spencer Street Victorian Police HQ
  • drafting long term logistics and supply contract between an international supplier and a Ports and Logistics business in North Queensland
  • drafting bespoke dredging contract for Flinders Port
  • developing and drafting bespoke and standard amendments to AS contracts for numerous public sector clients
  • advising developers in relation to commercial and residential development projects
  • advising Frasers in relation to its disposal of two major Sydney CBD student accommodation sites including residential and non-residential components
  • advising Charles Sturt University in relation to long term Project Delivery Agreement and Leases for student accommodation in Port Macquarie
  • advising Flinders Port in relation to its acquisition of Townsville Bulk Handling and Storage a major North Queensland logistics and stevedoring entity
  • advising NSW Housing on a major social housing project in Glebe (and Camperdown prior to that)
  • advising the Northern Territory Government on the development of the Marine Industry Park (a 160 hectare development in Darwin)
  • advising a bidder in relation to its interest in acquiring Darwin Port, and before that Port Kembla
  • advising Sydney Water in relation to all aspects of its complete outsourcing of its Operations and Maintenance and Facilities Management Contract
  • advising Newcastle Port Corporation generally in relation to all of its commercial contracts and major projects including:
    • a new container terminal at Mayfield
    • bulk Liquids Precinct
    • D&C of new Pilot Cutter Vessels
    • helicopter Transfer Contract
  • advising Sydney Council in relation to its ECI process for Gunyama Swimming Pool at Green Square
  • advising Veolia in relation to its interest in the Waste Water Treatment Facility and DBO contracts at Springvale mine
  • advising WaterNSW on two works upgrade projects at Prospect Reservoir including the design and construction of a new dam wall and significant heritage and environmental issues
  • advising the Northern Territory Government in relation to the development of the Tiwi Islands
  • providing advice to a major NSW Council in relation to adopting innovative procurement methods (Early Contractor Involvement) and implementing them in a way to be compliant with NSW Local Government Tendering Legislation.

Publications

22 September 2020 - Knowledge

Small and Medium Enterprises and Regional Procurement Policy

#Procurement, #Government, #Construction & Infrastructure

The newly updated Small and Medium Enterprises and Regional Procurement Policy (Policy) places Small and Medium Enterprises (SMEs) and regional businesses front of mind for Government procurement.

11 August 2020 - Knowledge

Inducing another party to breach a contract – a rare but available cause of action

#Procurement

We illustrate how inducing a third party to breach a contract is an available cause of action in Australian common law through a recent dispute concerning a patented yoghurt container lid.

11 August 2020 - Knowledge

Inside track: Local Government

#Local Government

We explore unsolicited proposals in the NSW local government context and discuss how it can help local councils deliver valuable and innovative projects in their area.

04 August 2020 - Knowledge

NSW Government Bulletin

#Government, #COVID-19

In this edition, we examine ICAC's guidance note on managing corrupt conduct during the pandemic and highlight the key risks and measures put forward in its recommendations.

22 July 2020 - Knowledge

NSW Government Bulletin

#Government

The NSW Independent Commission Against Corruption (ICAC) has released new guidance to help the NSW public sector conduct due diligence checks on potential suppliers.

15 July 2020 - Knowledge

Executing documents in a pandemic

#Construction & Infrastructure, #COVID-19

We examine how simple contracts and deeds in the construction industry can be executed remotely and the current regulations in various states to facilitate the electronic signing of documents during COVID-19.

10 June 2020 - Knowledge

NSW Government Bulletin

#Government, #COVID-19

The Commonwealth Government has recently released a scoping paper setting out its approach to preparing its first modern slavery statement, which provides a “best practice” example for other reporting entities.  

02 June 2020 - Knowledge

Inside track: Local Government

#Local Government

We outline the temporary modifications introduced to the Local Government Act, including changes to tender publication provisions, as a result of COVID-19.

21 May 2020 - Knowledge

New orders for construction sites in NSW

#Construction & Infrastructure, #COVID-19

The Development Consent Order allows the Planning Minister, in consultation with the Health Minister, to make an order to authorise a development to be carried out on land without the need for any approval under the EP&A Act or consent from any person.

19 May 2020 - Knowledge

Commonwealth procurement changes to address COVID-19

#Procurement, #COVID-19

On 11 May 2020, the Department of Finance released the COVID-19 – Procurement Policy Note (Procurement Note) to assist Commonwealth entities who are undertaking procurements in the current COVID-19 environment or dealing with affected suppliers.

30 April 2020 - Knowledge

Update: Modern slavery reporting deadlines extended and new COVID-19 guidance released

#Procurement, #COVID-19

Due to COVID-19, modern slavery reporting deadlines have been extended and new guidance has been released.

01 April 2020 - Knowledge

NSW Government Bulletin

#Government

26 March 2020 - Knowledge

NSW Modern Slavery Act – where to next? Long-awaited report finally released

#Procurement

On 25 March 2020, the NSW Parliament Legislative Council Standing Committee on Social Issues handed down its long-awaited report on the Modern Slavery Act 2018 (NSW), the consultation draft of the Modern Slavery Bill 2019, and the consultation draft of the Modern Slavery Regulation 2019 (NSW). We look at the important recommendations made.

18 March 2020 - Knowledge

Force majeure and COVID-19 – what you need to know now

#Construction & Infrastructure, #Procurement, #COVID-19

COVID-19 has already had an unprecedented impact upon business and the economy. Supply chains have been disrupted, business arrangements have been altered and there is a real uncertainty in the community about how to respond to the event. So what do you need to know and what do you need to do immediately to manage this issue?

18 March 2020 - Knowledge

Are your contracts crisis ready?

#Construction & Infrastructure, #Procurement, #COVID-19

From global supply chains to small town purchase orders- a huge number of contractual arrangements are being disrupted by recent natural events.

18 March 2020 - Knowledge

NSW Government Bulletin

#Government

From global supply chains to small town purchase orders - a huge number of contractual arrangements are being disrupted by recent natural events. With the COVID-19 outbreak now declared a pandemic by the World Health Organisation (WHO) and the climate emergency intensifying, entities are looking at their contracts to see if they are ‘crisis ready.’

25 February 2020 - Knowledge

Modern Slavery Act requirements – time to act now

#Procurement

The majority of Australian entities who are required to comply with the Modern Slavery Act 2018 (Cth) have less than six months of their reporting period to go and will be required to submit a modern slavery statement at the end of this year (depending on the financial year adopted by that entity).

25 February 2020 - Knowledge

Local government procurement in the bushfire aftermath

#Procurement, #Local Government

As the fires begin to ease, many councils in fire-ravaged regions are grappling with the aftermath of the bushfires. A new legislative change may bring some help to those councils who need to quickly enter into new contracts for goods or services to assist with the bushfire response and recovery.