James Kendal is experienced in advising both public and private sector clients on their rights and responsibilities under contract and legislation and on regulatory issues, from his work on a range of major infrastructure, government procurement, regulatory and commercial projects across Australia.

He has worked for clients across a broad range of industries, including airports, government, statutory corporations, public utilities and construction.

Through his years both in private practice and in seconded legal in-house roles at Commonwealth and Territory agencies, James has developed an in-depth understanding of the many commercial, policy, regulatory, financial and technical issues faced by government and the private sector in complex transactions. James combines understanding with a strong project management capability to ensure project and client objectives are achieved.

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Expertise

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Government Services

Commonwealth Government Agency: James is advising with respect to the procurement of service providers and delivery agents in relation to a number of Commonwealth Government procurement processes, including reviewing and advising on tender documentation and preparing draft contracts for release to the market.  Documents reviewed and prepared have included requests for tender, a deed of standing offer and template services contracts.

Commonwealth Government Agency: during a secondment James advised on the development of the new contracts for a complex government programme.  This involved reviewing and advising with respect to the new services model, developing draft terms of the agreements and advising on legal risks and compliance with Commonwealth policies.

Private client: James is advising a private company contracting on behalf of the Commonwealth in relation to its compliance with the Australian Commonwealth Procurement Rules and its contracting practices. This has involved preparing template RFTs and draft contracts for facilities management services and upgrade works for a broad portfolio of Commonwealth properties.

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Construction and Major Projects

Australian Capital Territory Government Agency: James advised on the procurement of a PPP partner to construct and operate a light rail system. This involved advising on Commonwealth and Territory legislation that affects the project, and providing in-depth support during the evaluation of proposals, contract negotiation and contract and financial close.

Commonwealth Government Agency: James is acting for the Commonwealth in relation to the development and operation of a new airport in Western Sydney, including advising on commercial, regulatory and strategic issues, preparing all relevant documentation, developing a legislative and regulatory approach and assisting in project negotiations.

Confidential client: James acted one of the largest disputes in the Technology and Construction List in the Supreme Court of NSW. The dispute covered various issues such as breach of contract, termination rights and events and extension of time, variation and defects claims. James' role involved interpreting the project contract and associated documents to determine the client's rights and obligations and preparing evidence to assist in the litigation.

State government owned corporation: James acted in relation to several project based contractual disputes, some of which led to proceedings in the Supreme Court of NSW. In addition to being involved in all aspects of several litigations, this matter involved negotiating and drafting a Deed of Amendment to the original project deed, a Deed of Release and advising the client with respect to project management issues.

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Transport and Logistics

Various clients: James is advising various airports in relation to a number of aviation, commercial and retail developments including preparation of Master Plans and Major Development Plans for terminal redevelopments and retail and commercial developments and providing advice in relation to compliance with the Airports Act the Airport (Environment Protection) Regulations 1997 and Airport (Building Control) Regulations 1996.

Airports Act: James is advising on a range of issues relating to compliance with the Airports Act and associated regulations including in relation to safety and security, foreign ownership, restructures and SAIF Declarations.

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Governance and Compliance

Territory Owned Corporation: James is advising a Territory Owned Corporation in relation to a range of governance and compliance issues arising from a strategic review of the entity's structure and role and in relation to a rebranding.

Commonwealth Government Agency: James prepared a draft Services Agreement for an on-ground Delivery Agent to be released with the Agency's Tender. This included advising on compliance with the Public Governance, Performance and Accountability Act 2013 and Department of Finance guidance on use of grant funds.

Commonwealth Government Agency: James advised on contracts for influenza vaccination packs. This involved considering the application of the Therapeutic Goods Act 1989 and various industry codes of conduct to the goods the subject of the contracts, advising on the suitability of various contract provisions and contract drafting. 

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Corporate / M&A

Commercial Contracts: James has advised various Australian airports on a number of contractual issues relating to the provision of rental car services, car park operator services and security screening services, including preparing all documents for release to tender and advising on the tender process, advising during contract negotiations and preparing final contracts. 

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Corporate Governance

Territory Owned Corporation: James is advising a Territory Owned Corporation in relation to a range of governance and compliance issues arising from a strategic review of the entity's structure and role and in relation to a rebranding.

Commonwealth Government Agency: James prepared a draft Services Agreement for an on-ground Delivery Agent to be released with the Agency's Tender. This included advising on compliance with the Public Governance, Performance and Accountability Act 2013 and Department of Finance guidance on use of grant funds.

Commonwealth Government Agency: James advised on contracts for influenza vaccination packs. This involved considering the application of the Therapeutic Goods Act 1989 and various industry codes of conduct to the goods the subject of the contracts, advising on the suitability of various contract provisions and contract drafting.

See Corporate Governance

Knowledge

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