Frank Bannon is a leading partner in the Construction, Major Projects and International Arbitration Groups whose expertise covers a range of areas, including construction, engineering and mining, major projects, international arbitration, dispute resolution and litigation. 

Frank has acted in a broad range of disputes both locally and internationally, and is experienced in all forms of dispute resolution including litigation, arbitration, expert determination and mediation (both in advising at the contract drafting stage and at the dispute stage). He has acted in a number of high-profile international arbitrations concerning major infrastructure projects under most of the major international institutional rules, including UNCITRAL, ICC, SIAC and KLRCA.

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Expertise

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Construction and Major Projects

Transport Infrastructure Development Corporation (TIDC)

Frank has advised TIDC on a number of leading infrastructure projects, including:

Epping to Chatswood Rail Line: 
Acting for and advising TIDC in relation to all aspects of the Epping to Chatswood Rail Line (CIVSYS Contract), including having primary carriage of resolution of claims by THJV and representation of TIDC at mediation and negotiation and drafting of the Project Deed of Release and Amendment and the ECRL Commissioning Management Alliance Agreement.

TIDC: 
Acting for and advising TIDC in relation to claims for delay and disruption made by AW Edwards Pty Limited arising out of the STAT-EAST Contract and negotiation and drafting of the Project Deed of Release and Amendment.

Chatswood Transport Interchange: 
Acting for and advising TIDC in relation to all aspects of the Chatswood Transport Interchange including ongoing claims management and resolution, strategic advice and day-to-day project advice on construction/project. In addition, acting for TIDC in defending a number of court proceedings and in two expert determination under the Development Deed with CRI Chatswood Pty Ltd.

Parramatta Transport Interchange: Advising TIDC in relation to the Parramatta Transport Interchange project, including issues in relation to the insolvency of Walter's and ongoing defect rectification claims and advice in relation to security of payment claims.

Clearways Project: Acting for and advising TIDC in relation to claims and project issues on all Clearways projects, including Revesby Turnback, Homebush/Lidcombe Turnback, Cronulla Duplication, Beecroft Substation, North Sydney and Hornsby Platform 5.

Kingsgrove to Revesby Quadruplication: Advising TIDC in relation to aspects of the Kingsgrove to Revesby Quadruplication project.

Project team contract workshop and manuals: Involved in development of in-house contract workshops for project teams across all TIDC projects and the development of contract management manuals and mentoring.

 

RailCorp


RailCorp: Millennium trains:
 Advising RailCorp in relation to numerous aspects of this project including project implementation, reliability and contractual compliance issues. Advising on the exercise of contractual rights in relation to program, reliability and availability issues. Acting in relation to parliamentary notice of motion concerning the Millennium trains. Frank also advised RailCorp in relation to various aspects of the Tangara, new Outer Suburban Rail Cars, new Hunter Rail and PPP projects, including project implementation, reliability and contractual compliance issues. Advising on the exercise of contractual rights in relation to program, reliability and availability issues.


RailCorp Rolling Stock PPP:
 Acting for RailCorp in relation to various aspects of the new rolling stock procurement project, including advising on expressions of interest, development of the requests for proposals and final agreements.


Freight Rail Corporation and National Rail Corporation:
 Acting for the purchaser in relation to design, construct and maintenance issues in relation to the Freight Rail Corporation and National Rail Corporation.


Roads and Traffic Authority (RTA)

Frank has provided strategic advice to the RTA on a number of leading major infrastructure projects, including:

RTA Cross City Tunnel Road: Acting for the RTA in relation to specific aspects of this build, own, operate and transfer project.

RTA BOOT Project: Acting for the RTA in relation to substantial claims on the Cross City Tunnel and Lane Cove Tunnel projects.

RTA: Pacific Highway Bulahdelah to Coolongolook Deviation: Acting for the RTA in relation to disputes arising from this $80 million design, construct and maintain project.

RTA: Karuah: Acting for the RTA in relation to disputes arising from this $100 million design, construct and maintain project and advising in relation to RTA's approach to infrastructure procurement.

RTA: North Kiama Bypass: Acting for the RTA in relation to disputes arising from a $77 million contract project and defending claims under the Building and Construction Industry Security of Payment Act 1999 and advising in relation to intra and extra the Contract.

 

Department of Defence


Department of Defence Holsworthy
: Acting for Defence advising in relation to rights concerning non-compliant helipads.


Department of Defence: CC Pines
: Advising Defence in relation to claims by CC Pines made under the Building and Construction Industry Security of Payment Act 1999 for amounts due pursuant to a contract for the upgrade of RAAF Base Richmond.


Department of Defence:
 Acting for Defence in relation to several matters concerning various sites, contamination and advising on occupational health and safety issues.

 

Litigation and dispute resolution


Alstom: Advising on security of payment claims brought by subcontractor relating to the Tallawarra Power Station project.


Abigroup & Peninsula Balmain:
 Acting in dispute concerning Trade Practices Act claim, time and money, and the validity of contract termination in relation to the Peninsula Balmain apartments.


Baulderstone Hornibrook 10 water treatment plants (SA):
 Acting for contractor in relation disputes concerning the design and construction of 10 water treatment plants in South Australia. Advising on insurance and security.


Cogeneration Facility (SA) Sithe/Osborn:
 Acting for owner during project implementation and post-handover in relation to significant contractual and other disputes relating to the design and construction of the facility. Acting for owner in relation to disputes concerning rights and liabilities under the steam, gas and electricity host agreements.


See Construction and Major Projects

International Arbitration

Singapore International Arbitration: Acting for a contractor in a major arbitration concerning construction of a pipeline around Singapore.


Bains Harding: Bintulu, Sarawak, Borneo:
 Acting in a major international arbitration conducted in Kuala Lumpur and London before a Tribunal constituted by three international arbitrators under the UNCITRAL Rules. The matter involved a large claim relating to a major processing plant following termination of a contract for convenience. The arbitration was conducted with an expedited timetable with a "stopwatch" hearing.

See International Arbitration

International Trade

Frank regularly advises on dispute resolution provisions and mechanisms, particularly in the context of agreements relating to trade and investment, including bilateral investment treaties and free trade agreements.

See International Trade

Knowledge

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