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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

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

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.’

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.

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.

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).

18 February 2020 - Knowledge

Manage your risk in contractor procurement

#Procurement

There are many factors that can impact the success of a contract at every stage of the procurement cycle. To optimise contract success, care must be taken to identify each of these factors, manage risks, and ensure that value is not lost along each of the stages of the supply chain.

11 December 2019 - Knowledge

NSW Government Bulletin

#Government

We look at the latest NSW government news and summarise the new regime that has been introduced allowing tenderers to challenge certain tender processes.

10 December 2019 - Knowledge

New rights for tenderers to challenge NSW Government procurement processes

#Procurement, #Construction & Infrastructure, #Government

A new regime for tenderers to challenge certain NSW Government tender processes has just commenced. We outline the processes under the new regime.

28 November 2019 - Knowledge

Top 10 issues in procurement

#Procurement

It has been a big year for procurement. As procurement and tendering processes become increasingly complex, we outline the top 10 issues businesses need to keep in mind for 2020.

28 October 2019 - Knowledge

What you need to know about the Modern Slavery Act

#Procurement, #Construction & Infrastructure

For the majority of Australian entities required to comply with the Modern Slavery Act 2018 (Cth) the time to start implementing changes in their business to comply with the requirements began earlier this year, depending on the financial year adopted by that entity. This article provides practical guidance on what changes should be made to contracts, tender documentation and policies to achieve best practice MSA compliance.

09 September 2019 - Knowledge

Penalties for unfair contract terms – what is the government waiting for?

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

With the Federal Government soon to commence consultation on the unfair contract term regime, we review the current system and outline key implications for businesses if changes are implemented.

15 July 2019 - Knowledge

Public sector conflicts of interest: New ICAC guidelines released

#Government, #Procurement, #Construction & Infrastructure

The Independent Commission Against Corruption has published new guidelines called Managing Conflicts of Interest in the NSW Public Sector.

09 July 2019 - Knowledge

Is NEC4 the way forward for standard construction contracts in Australia?

#Construction & Infrastructure

Major project delivery around Australia has historically relied on the Australian Standard form of contracts for construction, in particular the AS4000 suite of contracts.

02 April 2019 - Knowledge

Finally released: Draft Guidance on the Modern Slavery Act (2018)

#Procurement, #Construction & Infrastructure

For any large company doing business in Australia now is the time to get up to speed with the new anti-modern slavery regime, including the Draft Guidance that has just been released by the Federal Government.

01 April 2019 - Knowledge

Breaking news: Draft Guidance on the Modern Slavery Act (2018) released

#Construction & Infrastructure, #Procurement

The Guidance that large companies (and others) doing business in Australia have been waiting for, and need, was released late last week.

20 February 2019 - Knowledge

Infrastructure Australia off to a strong start with release of 2019 Infrastructure Priority List

#Construction & Infrastructure

Last month we wrote about Infrastructure Australia’s announcement of newly appointed CEO Romilly Madew and her set of priorities.