Current practice

Toby has worked extensively on major construction, engineering and project financed projects in Australia, Asia, the United Kingdom and elsewhere acting for project sponsors, contractors, financiers and government bodies.

He has extensive experience in drafting and negotiating design and construction contracts (including domestic and FIDIC forms), tender documentation, consultant appointments and operation and maintenance agreements.

Industry experience

Major infrastructure projects

Adviser to:

• Transfield in respect of the development of a gas powered peaking power plant in Western Australia.
• AGL with respect to the proposed Hallett expansion project (240MW peaker) and Townsville Power Station (400MW) in relation to tender documents EPC and maintenance arrangements.
• AGL with respect to the establishment of a proposed wind farm in Hallett, South Australia, including negotiations with respect to maintenance and EPC arrangements.
• AGL – Petronas Consortium in respect to the development of the proposed PNG – Australia gas pipeline.
• Participants in respect of the construction of power plant developments in Australia (including Callide C power station in Queensland and Tarong North in New South Wales) and Singapore, including the drafting and reviewing of EPC contracts, consent deeds and consultant appointments.
• Vodafone with respect to the rollout and construction of its 3G Network, including the appointment of a national operations and maintenance contractor.
• George Weston Foods with respect to a number of developments, including the establishment of a new production facility in Sydney and the procurement of major items of plant and equipment from overseas suppliers (utilising FIDIC — Plant and Design Build).
• Financiers to Nextgen Networks in relation to the construction of a national fibre optic network.
• An international consortium in relation to the construction of Kuala Lumpur’s international airport, including advising on a system management contract for the design and installation of a TAM (total airport management) System and the procurement of various subcontractors.

Public private partnerships

Adviser to:

• The United/Mitsubishi bidding consortium with respect to the procurement and through life support of new rolling stock for Sydney urban network.
• Financiers in relation to the Long Bay prison and forensic hospital.
• A bidding consortium on its bid for the Western Sydney Orbital toll road project in Sydney.
• A bidding consortium on its bid for the Lane Cove Tunnel  toll road project in Sydney.

Professional background

Toby holds an LLB (Hons) from Otago University, New Zealand.

He was admitted to the Freehills partnership in July 2006.