Jennifer Harris

Clayton Utz
Special Counsel Sydney

Jennifer Harris' real estate clients receive strategic and commercial advice, and benefit from her skills in driving transactions by focusing on the outcomes, while recognising the legal and commercial risks and benefits.

Acting regularly for the public sector, Jennifer has developed a deep knowledge of tender processes, development transactions, and drafting Project Development Agreements. She complements this with strategic advice on compliance with legislation and guidelines, local government policy and management of stakeholder issues for councils.

Jennifer has particular expertise in large-scale urban renewal projects and local government procurement processes. Innovation and sustainability are the key drivers for these projects that are inspired by collectively reinventing public spaces at the heart of the community. Knowing that the decisions made on these deals now will shape the way people live and work in these communities in the future motivates Jennifer in her work.

Notable Work
  • Parramatta City Council ‒ Parramatta Square Redevelopment: Jennifer is acting for Parramatta City Council in relation to the procurement of the development of the first three Stages of Parramatta Square. Project Development Agreements have been signed with the appointed developer, Walker Corporation, for 8PS and 4&6PS after a multi stage procurement process. This is a transformative urban renewal project ($2 billion) that includes public space, corporate facilities, residential apartments, and retail and dining space, together with new connections to the Transport Interchange. In terms of economic outcomes it is expected to give rise to approximately 13,000 jobs upon completion. Jennifer is also acting on the multi-stage tender process for 3PS which has a significant Public Domain component, as well as the Parramatta Square development which has been registered under the Green Star Community Pilots Rating Tool ‒ one of the world's first independent transparent national schemes able to assess the sustainability of community level projects. Jennifer provides strategic advice on regulatory and compliance issues and advises Council on resolutions and internal governance.
  • Liverpool City Council ‒ Civic Centre redevelopment:Jennifer provides strategic advice and plays a leading role on this key project where the Council is reinvigorating its city centre through its Building Our New City Project. This redevelopment will cement Council's vision for a hub for private and public sector activity and build on the city's reputation as a centre for excellence for health, education and the professional services sector. Specifically, Jennifer is acting on the design and implementation of the multi-stage procurement process for the development of this mixed-use project (including, residential, retail and education space) by way of PDA, including a revitalised public domain.
  • Liverpool City Council ‒ Local Government Act and Regulations: Jennifer provides probity advice on the regulatory requirements of the Local Government Act and Regulations, including on whether a procurement process could be compromised by the conduct of a councillor and other aspect of Code of Conduct compliance.
  • Transport for NSW ‒ Sydney Metro Northwest: Jennifer is acting on the program delivery agreement with UrbanGrowth NSW for the development of land for the North West Rail Link Urban Renewal project.
  • Department of Planning / Urban Growth NSW ‒ Rouse Hill Regional Centre:Jennifer acted on joint instructions from the Department of Planning and Urban Growth NSW and has reviewed and amended the PDA, and acted on the sale of the Town Centre lots.
  • Barangaroo Delivery Authority ‒ Barangaroo Project: Jennifer has been on secondment at the Authority. She advised on governance issues, stakeholder management and legal matters arising from the Authority's activities. Jennifer drafted and negotiated construction management agreements, consultancy agreements, confidentiality agreements, expressions of interest, requests for proposals, requests for tender and other agreements with the private sector and other arms of Government to deliver infrastructure at Barangaroo. Jennifer also advised on governance issues and a range of legal matters arising from its activities, and in relation to the PDA for Barangaroo South.
  • Kimbriki Environmental Enterprises Pty Ltd (Warringah Council / SHOROC ‒ Kimbriki): Jennifer advised on all arrangements concerning the establishment of a special purpose company to conduct the alternative waste facility at Kimbriki, on a basis independent of the four councils. She also advised on the bid process for procurement of the alternative waste technology and prepared transaction documents for the construction of the alternative waste technology and the leasing arrangements.
  • City of Sydney ‒ Tri-Generation Project: Jennifer provided strategic advice in relation to the Council's rights to acquire interests in corporations concerning the Tri-Generation proposal.
  • Office of Environment and Heritage ‒ Department’s National Parks portfolio: Jennifer advised on strategic real estate issues relating to the Department’s National Parks portfolio. This involved detailed understanding of the Department’s statutory framework, probity and policy considerations and drafting long-term leases.
  • Sydney Olympic Park Authority ‒ Sydney Olympic Park: Jennifer advised on the disposal of leasehold interest and associated development agreement, agreements for lease and all associated project delivery documentation at Sydney Olympic Park.
  • Department of Premier and Cabinet ‒ Asset Disposal: Jennifer advised on the disposal by multi-stage tender of a state significant asset, strategic consideration of policy and probity issues and reputational risks/issues for the Department, together with complex titling and structural issues. This was a very politically sensitive project, and one where the procurement process was ultimately terminated.    
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