Asialaw Profiles
The Guide to the legal markets of the Asia-Pacific

Clayton Utz retains its top tier position after another strong year. A client of the firm says: “The Clayton Utz team has extremely talented lawyers and is very knowledgeable in the construction field.”

Sydney-based partner Doug Jones is “one of the best structural lawyers in Australia” says one client, while a rival lawyer gives praise for Jones’ “diligent work on major infrastructure matters”.

A major highlight for the team was its role on the Peninsula Link project, which is a 25 kilometre road link in Victoria, Australia. The firm is advising on all legal aspects of the project. This includes strategic and commercial advice on the delivery method, which is a first for PPP road projects in Australia, and the payment mechanism.

“Freehills’ construction team is definitely a leading team in Australia,” says a rival lawyer. The firm is able to use its vast resources to advise clients on their specific requirements. “Freehills has a multidisciplinary practice that is able to tailor to our needs,” adds a client.

Partner Andrew Clark, who is “trustworthy and has high integrity”, is recognised as “the go-to lawyer in Melbourne”, says a client, because of his vast experience and strong knowledge of infrastructure projects.

Last year, the firm advised Prime Infrastructure (formerly Babcock & Brown Infrastructure) on its US$2.7 billion merger with Brookfield Infrastructure creating a leading global infrastructure group.

Another notable deal was advising TSI Fund on a US$119 million capital raising. This comprised an accelerated non-renounceable entitlement offer to TSI Fund’s existing security holders, and a placement to institutional investors.

“Mallesons Stephen Jaques provides consistent, high quality advice, so there is no need to use another law firm,” says one client. The team’s “strong structuring work” and “practitioners who are reliable and technically very sound”, adds another client, gives the firm the edge over most competitors.

Sydney-based partner Peter Pether is “a leading lawyer in construction work”, says a rival practitioner. “You know you are safe when Peter is acting for your side,” adds a client.

This past year saw the team advising Queensland Rail’s management and board on the US$6.6 billion restructuring of Queensland Rail. This highly complex transaction required a government sell down under special enabling legislation, as well as legislative shareholding restrictions that featured a non-standard complex due diligence process.

“As well as legal and technical excellence, the firm’s knowledge of construction law is undisputed,” says one client of Allens Arthur Robinson. “The people at Allens are always able to give us the advice that we need.”

Partner Emma Warren is “one of the best in Australia”, says a rival partner. With plenty of experience on infrastructure and project work, Warren is referred to as “an expert in PPP work” by clients.

The firm advised Q Port Holdings, a consortium comprising four of the largest infrastructure investors in the world, on its US$2.48 billion successful bid for the 99 year lease of the Port of Brisbane.

Another highlight was advising mining company Rio Tinto on its US$1.9 billion cash tender offer of US bonds, and subsequent issue of US$2 billion fixed rate notes in three series.

Blake Dawson is “a very commercial, no nonsense law firm”, says a client. The construction team, which is renowned for working on construction and infrastructure projects, “reaches really good outcomes while covering off the main risk areas”, adds another client. “I rely upon Blake Dawson and have faith in its work.”

Partners Lisa Chung and Bronwyn Badcock left the firm in the last year to join Maddocks Lawyers. Melinda Harris and Mark Disney have been appointed as partners.

The team advised the Department of Defence on planning for the provision of facilities to key RAAF Bases Australia-wide to support the introduction into service of the F35 Joint Strike Fighter. The works included the provision of operational and training facilities, working accommodation, and infrastructure and runway upgrades across key Royal Australian Air Force facilities nationwide.

The firm also acted for the receivers of CRI Australia on the largest PPP project at the time. This involved the development of an integrated transport interchange, retail complex, car parking facility and three residential towers.

Minter Ellison’s construction team is “expert on a diverse range of major infrastructure and construction work”, says a client. The firm is involved on many national projects, and clients note: “The team possesses strong knowledge in construction law but has the capacity to deal with other issues.”

Partner Stewart Nankervis “is the go-to lawyer for Minter Ellison” says a rival partner. However, clients note the team’s strength in depth. “I have a lot of confidence in the partners,” says one.

One of the highlights for the construction team was advising QR Limited in the restructure of its rail business and assets as part of Queensland Government’s infrastructure asset sales process. The firm also advised on the subsequent IPO of QR National.

Other notable work in the past year includes acting for a consortium that was shortlisted in the bid for WA Government’s Mundaring PPP water treatment plant. This was the first PPP style project finance transaction completed in Western Australia.

“I find Norton Rose to be very technical, knowledgeable, detail oriented and practical in its advice,” says one client. While the team’s ability to reach out internationally is highly regarded, one client says: “If I had need for Australian counsel, I would look no further than Norton Rose.”

The firm advised AGL on two substantial wind farm projects comprising 564 megawatts of power production capacity and at a total development cost exceeding US$1.3 billion.

Star Partner Tony Ryan “is the best in his field”, says one client of Ryan Lawyers. This boutique law firm may not have the resources to compete with other national firms, but it has “successfully carved a nice niche with hotel work”, says another client.

The team last year acted for Host Hotels & Resorts on its purchase of seven New Zealand hotels from Tourism Asset Holdings.

DLA Piper

DLA Piper’s construction team works hand-in-hand with the finance and project practices. It continues to grow its public private partnership practice under partner David Nancarrow. The firm is sole legal adviser to Oakajee Port & Rail on its agreement with the State of Western Australia to develop its port and rail infrastructure.