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Tony Rutherford

Expertise

Tony is a highly regarded and trusted adviser who is a specialist in construction, operations, services and development documentation, and dispute resolution for major infrastructure projects. Tony advises on large and complex infrastructure transactions and disputes across a wide range of sectors, including education, health, power (including renewables), social and affordable housing, water, mining, oil and gas, roads and telecommunications.

Tony’s experience includes advising the Government of Victoria on the suspension and unwinding of the East West Link PPP, Healthscope on the Northern Beaches Hospital PPP, a key subcontractor in relation to the New Footscray Hospital PPP, Hutchinson Builders on the University of Tasmania Student Accommodation PPP, a key contractor in relation to the Victorian Public Housing Renewal Program, NAB on the Victorian Schools and ACT Courts PPPs, Telstra in relation to the rollout of the NBN, and a range of renewable energy contractors and developers on solar and wind projects in Australia and Africa. 

He advises on the full range of project documentation, including EPC, D&C, construct-only agreements, interface and direct deeds, O&M, PPAs, Connection Agreements and Project Deeds.  He is also well-versed in the various dispute resolution methods, including mediation, expert determination, arbitration and court proceedings.

In addition to his infrastructure expertise, Tony regularly advises financiers, property developers, community housing providers and disability service providers (including start-ups) in relation to regulatory issues arising under the National Disability Insurance Scheme. This includes advising organisations on the development and operation of Specialist Disability Accommodation projects, meeting the core requirements of the choice and control (including conflict of interest requirements) and the changing regulatory and policy landscape under the NDIS.

Experience

Major projects transactions

  • acting for Hutchinson Builders as part of the successful consortium for the construction, operation and financing of the 2019 University of Tasmania Student Accommodation project
  • acting for Healthscope in relation to the $800 million Northern Beaches Hospital PPP, including drafting and negotiating the Delivery Contract and other key subcontracts
  • acting for NAB as lead financier in relation to the Vic Schools and ACT Courts PPPs
  • acting for the Sponsor and key subcontractor in relation to the $500 million Victorian Public Housing Renewal Program PPP
  • acting for a consortium member in relation to its successful bid for the $1.5 billion New Footscray Hospital PPP)
  • acting for various project companies and lenders on a series of projects valued at $500 million in connection with the Renewable Energy Programme in South Africa, including the Cookhouse Wind Farm, De Aar Solar Project, Kathu Solar PV Project and Swartland Solar Plant Project
  • advising Reach Solar in relation to the development and sale of the Bungala Solar Farm in South Australia, including drafting and negotiating the EPC and O&M contracts
  • advising Terrain Solar in relation to the development of its Molong Solar Farm in Queensland, including drafting the EPC contract, connection agreement and PPA
  • advising Luminous Energy in relation to their development of their 300MW Columboola Solar Farm in Queensland
  • acting for Nakheel and the Dubai Maritime City Authority with respect to the multi-billion dollar development of sewage treatment plants on a PPP basis for the Dubai Waterfront, Palm Jebel Ali, Mina Rashid and Dubai Maritime City developments
  • acting for Telstra in relation to the construction and maintenance of the National Broadband Network, including drafting and negotiating various consultancy services and design and construction contracts
  • acting for Telstra in relation to the development and operation of a $200 million subsea and terrestrial fibre optic to service the Wheatstone and Gorgon LNG projects in Western Australia, including negotiating the EPC, services and cable crossing contracts
  • acting for Telstra in relation to the $1.5 billion upgrade of Queensland’s emergency telecommunications network on a PPP basis, including negotiating key project documents (project deed, tripartite deed and key subcontracts)
  • acting for Sirius Resources in relation to the development of the Nova Nickel Project in Western Australia, including drafting and negotiating the EPC contract and PPA
  • advising Goulburn Valley Creamery in relation to the development of a dairy processing facility in Victoria, including preparing the RFP tender packages and form of construction and supply contracts
  • acting for Sundance Resources in relation to the development of a $6 billion integrated rail, port and mine project in Cameroon and Congo
  • advising Tellus Holdings in relation to the development of the Sandy Ridge and Chandler waste and salt mining projects in Western Australia and Northern Territory, including drafting and negotiating the EPC and O&M contracts
  • advising Nakheel (a UAE government entity) with respect to the development of a waste-to- energy plant for the Dubai Waterfront project on a PPP basis.

Dispute resolution and arbitration

  • acting for the Government of Victoria in relation to the suspension and unwinding of the $7 billion East West Link toll road project
  • acting for a contractor in relation to a dispute with John Holland and CPB arising from the construction of the Melbourne Metro PPP
  • acting for Melbourne Water in relation to a dispute with the design and construction contractors arising out of the construction of a sewerage treatment plant in south east Melbourne
  • acting for DTZ and TPG in relation to a dispute with the Sponsors and D&C Contractor arising out of the design, construction and maintenance of the Singapore Sports Hub stadium
  • acting for a range of commercial property developers and contractors in relation to SOPA claims in Victoria, NSW and Queensland
  • acting for a large engineering contractor in relation to its dispute with the EPC contractor arising from the design and construction of the Snowy 2.0 pumped hydro project
  • acting for JP Morgan, Dresdner Bank and Credit Suisse in relation to an ICC arbitration against the Government of Uruguay arising from their investment in Banco Commercial
  • acting for Zurich in relation to a dispute with the owners of the World Center arising from the September 11, 2001 attacks.

Publications

24 August 2021 - Knowledge

The Partnership opportunity for increasing social and affordable housing in Australia

#Construction, Infrastructure & Projects, #Property, Planning & Development

Housing developments that provide both solid long-term returns and positive social outcomes, often through public-private partnerships, are an idea whose time has come throughout Australia.

14 April 2021 - Knowledge

Australia’s first offshore wind farm and the proposed regulatory framework

#Renewable Energy

We provide an overview of the Federal Government’s proposed framework for regulating Australia’s offshore clean energy infrastructures, and outline some key issues that need be addressed before it comes into operation.