Partner

Tony Rutherford

Tony has advised on large and complex infrastructure projects (including PPPs) in Australia, Asia, United States, Africa and the Middle East across a wide range of sectors including social and affordable housing (including specialist disability accommodation), health and hospitals, roads, rail, mining, oil & gas, water, wastewater, telecommunications and power.

Tony has acted for governments, lenders, sponsors and contractors on a range of projects (including both economic and social infrastructure). This includes preparing and negotiating the full suite of project documentation including EPC, D&C, EPCM, operation and maintenance and joint venture agreements. Tony has also advised on projects and construction disputes and is well-versed in the full range of dispute resolution mechanisms.

In addition to his projects and infrastructure expertise, Tony regularly advises disability organisations and technology start-ups in relation to legislative, policy and commercial issues arising under the National Disability Insurance Scheme.

Expertise

Tony’s expertise includes:

  • Bankability issues in infrastructure projects and acquisitions
  • Public Private Partnership bids and closing documentation
  • Project structuring and contract preparation
  • Legal due diligence and structuring advice for infrastructure assets
  • Construction, operation and maintenance contracts
  • Dispute Resolution.

Recent projects

  • Acting for the Government of Victoria in relation to the suspension and unwinding of the $6.8 billion East West Link toll road project.
  • 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 Healthscope in relation to the $800 million Northern Beaches Hospital PPP, including drafting and negotiating the Delivery Contract and other key subcontracts.
  • Acting for Oakajee Port and Rail (a wholly owned project company of Mitsubishi Development) with respect to a $6 billion rail and port development in Western Australia to service multiple iron ore mines to be developed on a PPP basis.
  • Acting for a Melba Support Services in relation to its successful bid and negotiations with the Government of Victoria for the transfer of disability services, including negotiating the Master Transfer Deed, Services Deed and Secondment Deed.
  • 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.
  • Acting for a range of developers, disability service providers and community housing providers in relation to the structuring, financing and development of social and affordable housing and Specialist Disability Accommodation projects in NSW, Victoria and Queensland.

location

Melbourne

Special Counsel

Paul Gill