Clayton Utz celebrates end and beginning of Brisbane's north-south bypass tunnel project

Brisbane, 22 August 2006: After more than two years of intensive efforts to lay its future foundations, one of Queensland's most significant road projects is set to get underway, marking a significant milestone for national law firm Clayton Utz.

Clayton Utz represented the Brisbane City Council through all stages of the tender phase for the $2 billion+ North South Bypass Tunnel (NSBT) project, which achieved financial close earlier this month.

The 4.8 km tunnel will be an important piece of infrastructure for Brisbane, one of the nation's fastest growing cities, linking a number of its major roads. It will also mark the first time a local authority has undertaken a project of this nature in partnership with the private sector in Australia.

In a truly national effort, Clayton Utz drew on the expertise of its lawyers across a number of practice areas and offices to advise the Council during the feasibility and tender phase through to financial close.

The head of Clayton Utz's Projects practice, Doug Jones AM, and Brisbane Projects partner Alan Maguire led the core CU team, with the long-term day to day professional support of special counsel David Lester and solicitor Angela Jeppeson.

Doug Jones said the contractual arrangements for the project contained a number of unique features, including a 'change process' to accommodate amendments to the Environmental Impact Statement carried out between contractual and financial close, in conjunction with an IPO of the winning project bidder, RiverCity Motorway.

"This was unique even for a project of this complexity," said Mr Jones.

The NSBT also involves a number of project 'firsts', including being the first 'Local Government Tollway' created under recent amendments to the Queensland Transport Infrastructure Act. It is also the first project in Queensland to utilise a new statutory regime created to accommodate amendments to Environment Impact Statements.

Clayton Utz's role on the project included advising Council on the Expression of Interest, short-listing of bidders and bid evaluation; the structure and documentation of the call for detailed proposals; the Environmental Impact Statement process, and; advising on negotiations between the Council and the State Government for a legislative framework, interface agreements and approvals necessary to facilitate the project.

The Brisbane, Sydney and Melbourne offices all provided input during the tender process, with lawyers from the Construction & Major Projects, Property, Planning & Environment, Government, Workplace Relations, Commercial Litigation, Equity, Tax, Native Title, Corporate, Banking & Financial Services and Insurance & Risk teams, as well as other specialist advisors, contributing their expertise.

Alan Maguire said Clayton Utz's experience on similar projects in NSW, Victoria and New Zealand placed it in a unique position to understand the project's requirements and to advise the Council during the tender process.

"This is a landmark project to which Clayton Utz is proud to have contributed," said Mr Maguire.

Construction of the North South Bypass Tunnel will be undertaken by RiverCity Motorway, a consortium comprising Leighton Contractors, Baulderstone Hornibrook, Bilfinger Berger Concessions and ABN Amro Australia. Work on the first stage of the project is expected to begin by end August, with the tunnel scheduled to open in the second half of 2010.