Current practice

Industry experience

Assignments and clients

John has worked extensively on private infrastructure investment, construction and engineering projects with particular expertise in transport, water, power and other social infrastructure projects. John has acted for sponsors, lenders, equity investors, major works contractors and government.

Major projects and clients
John has had a leading role and has managed project teams on a large number of major projects. Most recently, this has included:

Water

• Acting for Australian Water Services, a joint venture between Lend Lease and Suez Lyonnaise des Eaux, ('AWS') in respect of their BOOT bid for the water treatment plants and related infrastructure in Bendigo, Castlemaine, Kyneton, Taradale, Elphinstone in Victoria and Ballarat, Creswick and Ballan Regions.
• Acting for Victorian Water Services, a joint venture between Lend Lease, Lyonnaise des Eaux Dumez and P&O, in its bid to build and operate the Yan Yean water treatment plant in Victoria.
• Acting for AquaTower in respect of its successful BOOT bid for the Grampians Water Project. This project involves water treatment plants for Halls Gap, Ararat, Great Western and Promenal, in Victoria.
• Acting for Earth Tech Engineering Pty Ltd (a subsidiary of Tyco International Limited) in their successful bid to build own and operate Waste Water Treatment Plants at Echuca and Rochester and to manage a re-use water system.
• Acting for and advising Earth Tech Engineering in its bid to build own and operate Waste Water Treatment Plants at Mangawhai, New Zealand.
• Acting for Development Australia Fund Management in acquisition of Wyuna Water.

Transport: Road

Melbourne City Link Project

• Leading Transurban’s legal team in all phases of the Melbourne City Link $1.7 billion project. This project involved the design, construction, financing, operation and maintenance of approximately 22 kilometres of tollways linking various freeways around central Melbourne, including two vehicular tunnels linking the Westgate Freeway and South Eastern Arterial and a bridge with elevated freeway linking the Westgate Freeway to the Tullamarine Freeway. Freehills negotiated the project documents, equity and debt documents, due diligence for the prospectus and public float and provided all revenue advice including various income tax rulings and certificates from the Development Allowance Authority. The project is one of the largest private infrastructure projects ever done in Australia and was Euro Money’s Project Finance Deal of the Year 1996. Advising Transurban City Link Limited through the construction and dispute phase of the Melbourne City Link project, including settling settlement deeds, standstill arrangements and providing strategic advice to management.

Exhibition Street Extension

• Leading Transurban’s legal team in all phases of the Exhibition Street extension tollway.

Cross City Tunnel and Western Sydney Orbital

• Advising equity participants in consortia bidding for the $1.5 billion Western Sydney Orbital, the $600 million Cross City Tunnel and the Lane Cove Tunnel tolling projects in Sydney, in particular advising on the Project Deeds, Design and Construct Contracts and Operation and Maintenance Agreements.

Transport: Smart Card – Transit Systems

OneLink Automated Fare Collection System

• Leading OneLink’s legal team for the design, installation and operation of an automated fare collection system for the Metropolitan Public Transport system in Melbourne, Victoria.
• Advised ERG Ltd in relation to its bid for transit ticketing systems in San Francisco MTC and Ventura County in the USA.

Transport: Rail

• Acting for MTE both in relation to its successful bid for Hillside Trains and subsequently.
• Acting for and advising Spencer Connect in respect of first and second round bids for the redevelopment and operation of the Spencer Street Station, including its commercial and legal negotiations with the Victorian Government.
• Acting for Development Australia Fund Management in acquisition of the Spencer Street Railway Station.
• Acting for Manta T Consortium in relation to the public transport new ticketing system.

Transport: Airports

Melbourne Airport Privatisation

• Acting for City of Melbourne, National Mutual and Macquarie Underwriting in relation to Victorian Airports Limited bid for Melbourne Airport.

Transport: Ports

• Advising Macquarie Bank in relation to the acquisition of five ports in three different countries.

Power & Resources

• Acting for Pacific Hydro in respect of the 70MW hydroelectric power station at the Bakun River in North Luzon, advising in respect of resolution of disputes under the EPC Turnkey Contract and variations to that document to enable an early taking over of the power station.
• Advising Pacific Hydro on the EPC contract for the development of additional weir and tunnel capacity for the 70MW hydro electric power station at the Bakun River in North Luzon.
• Advising the Lenders to a US$320 million ammonia production plant project in the Burrup Peninsula, in relation to the EPC contract.

Playford Power Station

• Acting for NRG in relation to the $150 million refurbishment of the Playford B Power Station in South Australia in relation to the EPC contract.

Loy Yang B

• Acting for the Victorian Government in respect of the sale of its interest in the Loy Yang B Power Station.

Millmerran

• Acting for InterGen in relation to the Millmerran Power project (Project Finance International Asia Pacific Power Deal of the Year 1999), in particular, drafting and negotiating the Engineering and Procurement contract and associated infrastructure contracts.

Victorian Hospitals – Cogeneration Plant

• Acting for the owner and the manager of the Cogeneration Plants for six hospitals in Victoria, Australia. Including negotiating the project documents, the project funding from a syndicate of banks, various treasury instruments were utilised to fix the borrowing cost during and after completion of construction. Freehills structured and drafted all the equity finance documentation and the documents for ongoing management of the project, and reviewed (from the project vehicle’s viewpoint) all debt finance, construction, operation, energy supply and sale documentation.

Power

• Advising the Lenders to a US$320 million ammonia production plant project in the Burrup Peninsula, in relation to the EPC contract.

Gas and Pipelines

• Acting for Olex Cables in relation to an oil pipeline project in Northern India.
• Acting for Enron Development Corp. in relation to its turnkey contract for a Gas Utilisation Plant in Vietnam.
• Acting for the Victorian Government in the sale (and all associated project delivery and underground services agreements) of the Underground Gas Storage Project, including the South West Gas Pipeline, in Port Campbell to Texas Utilities.
• Advising Transmission Pipelines Australia on the EPC contracts (with Transfield) for the South West Pipeline development.
• Acting for GTC in relation to the EPC contracts for the Chiltern to Koonoomoo Gas Pipeline.
• Adviser to Development Australia Fund in its capacity as a major equity participant in the UK£1.2 billion (A$3.1 billion) acquisition of the Wales and the West gas distribution network from National Grid Transco plc.

Entertainment

Studio City

• Acting for Studio City in relation to establishment of film and television studios, an entertainment and wharf precinct and theme park at the Docklands.

Melbourne Casino Bid

• Acting for the Sheraton/Leighton’s unsuccessful bid for the Melbourne Casino which included negotiating and finalising all project documents, equity and debt documents for submission with the bid.

Communications

• Adviser to Industry Funds Management in its capacity as a major equity participant in the UK£1.27 billion (A$3.16 billion) acquisition of ntl:Broadcast (one of two national UK broadcast transmission operators).

Prisons and Courts

• Advising on Victorian Government Accelerated Infrastructure Programme (Police Stations and Magistrates’ Courts).
• Advising on the Victorian Women’s Prison.

Defence

• Acting for SECA in its bid to acquire ADI Limited.

Other

• Other major projects for which John has provided advice and project documentation include:

– Coles Myer Limited in relation to Eastland Regional Shopping Centre and Grace Bros Redevelopment Project, Sydney
– Herald & Weekly Times, Westgate Park project
– MCG Southern Stand Redevelopment
– Toyota Car Manufacturing Plant.

• Drafting and negotiating contract documentation for the design and construction of a multi-storey residential development at Royal Domain Plaza and Flinders Wharf.

Kuala Lumpur City Centre Development

• Providing transaction advice to local counsel in relation to Kuala Lumpur City Centre development.

Regent Theatre and City Square Project

• Advising the owner and negotiating all documents regarding the re-development of the Regent Theatre and the City Square Project.

Professional background