Freehills’ Projects group advises clients in Australia, Asia, the Pacific, the Middle East and throughout the world. The group aims to develop solicitors who are commercially focused and experienced in a broad range of legal aspects relevant to project related work. There are many opportunities for solicitors in the Projects group to work internationally, particularly in Asia.

Areas of practice

Construction, infrastructure and engineering

We assist public and private sector clients involved in a range of large-scale projects, including toll roads, power stations, mines, water treatment plants, hotels and industrial, commercial and residential property developments. The Projects group has particular expertise in public private partnerships, which involve partnering between government and private sector entities.

Typical services we provide include:

• assessing the legal allocation of project risks and assisting clients to manage those risks
• structuring of projects
• negotiating and drafting contracts which govern the relationships between project stakeholders, and
• interpreting contractual terms and advising on parties’ contractual rights.

Project dispute resolution

We act for a variety of clients, including owners, contractors, subcontractors and consultants in relation to major disputes, both locally and internationally. The matters we run include Supreme Court and other jurisdiction proceedings, arbitrations, mediations and expert determinations.

Typical services we provide include:

• advising clients on their rights and obligations in respect of disputes arising out of construction and infrastructure contracts
• project managing the dispute process, including the collation of documents and evidence
• drafting statements of claim and other pleadings
• meeting with witnesses and assisting in drafting witness statements
• considering technical issues and engaging experts to prepare reports for hearing, and
• briefing counsel and meeting with them in preparation for hearing.

Environment and planning

We assist public and private sector clients to maintain compliance with environmental and planning laws, minimise exposure to environment-based risk (for example, contaminated land), and maximise opportunities to benefit from environmental initiatives (for example, claiming appropriate credits for greenhouse gas abating activities).

Typical services we provide include:

• advising on compliance with environmental and planning laws
• assisting clients to minimise exposure to the costs of remediating contaminated land
• assisting clients to obtain eligibility for environmental credits
• assisting clients to obtain environmental and planning approvals, and
• representing clients in proceedings in the Land and Environment Court.

Project finance

We assist in the financing aspects of infrastructure projects, predominantly when acting for the sponsor (borrower/developer/builder).

Typical services we provide include:

• drafting and negotiating financing documents, such as loan agreements, security documents, guarantees and tripartite agreements between the sponsor, financiers and public sector parties involved in the project
• advising on the corporate structure of the project to facilitate financing and ensure recourse is limited to project assets, and
• assisting sponsor with corporate governance aspects of fundraising.

Property development

We assist property developers, institutional owners, trustees and managers in relation to the acquisition, disposal, development and leasing of major commercial, retail, industrial and hotel property throughout Australia.

Typical services we provide include:

• providing structuring advice on a wide range of transactions, including community developments, major property leases, acquisition and ownership structures, management agreements and complex title issues
• negotiating and drafting the contracts which govern the relationships between the various stakeholders in a commercial property transaction, such as contracts for sale, agreements for lease and leases, development agreements and development management agreements, and
• interpreting contractual terms and advising on parties’ contractual rights.