image of Lina FischerLina Fischer

Clayton Utz Partner , Sydney T +61 2 9353 5758 https://www.claytonutz.com

Lina has advised on many of the nation's biggest building and infrastructure projects including the delivery of the Sydney Metro network, Sydney Gateway, the national broadband network, and the iconic Barangaroo development.

Lina has extensive experience acting for owners (both government and private sector), financiers and contractors. In the infrastructure sector, Lina advises clients in relation to project structuring, contract drafting, tendering and project implementation for major projects including in the rail, ports, roads, water, telecommunications and defence sectors.

Her work spans the full range of range of delivery models including PPPs, D&C / construct only, alliancing, managing contractor / ITC and O&M / service outsourcing.

In addition to her broad range of infrastructure experience, she has a deep understanding of the building sector, having acted for owners, developers, financiers and contractors across the commercial, residential and retail property sectors.

Lina's approach been described by clients as commercial, pragmatic and proactive. She has a passion for working with clients to develop solutions that will deliver their commercial objectives.

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Expertise

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Construction and Major Projects

Sydney Gateway, Transport for NSW (TfNSW): Lina advised TfNSW on the procurement of a contractor to design and construct the $2.4bn Gateway Motorway, connecting the WestConnex Motorway to Sydney Airport. The project has thrown up unprecedented challenges around the interface with Sydney Airport, interfaces with other projects such as WestConnex and the ARTC Port Botany Duplication, complex utilities and extensive contamination. Lina and her team worked with TfNSW to simplify those complex issues and package up the procurement documents to be easily understood by and acceptable to the market.  The team led a highly interactive tender process, achieving competitive bids for what is one of the most complex projects in the current market.

Sydney Metro Network, TfNSW (now Sydney Metro): Lina was a key team member advising TfNSW on the delivery of the $8bn Sydney Metro Northwest, a new rail line in North West Sydney comprising 23 km of rail, 8 new stations and a stabling yard and maintenance depot. Lina advised on various aspects of the project but, in particular, had carriage of the procurement of the two significant publicly funded D&C contracts.  She is currently advising Sydney Metro on various aspects of the Sydney Metro Western Sydney Airport and West projects, including the design and construction of stations and over station developments. as well as the roll-out of systems across the network. 

Regional Council: Lina is advising a regional council on its major repair works for natural disaster damaged roads, using a collaborative incentivised target cost (ITC) contracting model.

Australian Rail Track Corporation (ARTC): Lina has advised ARTC on the design and construction of new freight lines around Australia. Lina has also advised ARTC on the procurement of major plant and equipment including new purpose-built rail grinders and long-term rail grinding services, tampers and rail rakes, including complex technological solutions.

Sydney Trains:Lina has advised Sydney Trains on countless procurements for the upgrade or provision of new rail infrastructure and systems, rolling stock upgrades and maintenance, the supply of new rolling stock fleets and the supply of rail related goods, services and technology. She also advised on the design and construction of a new high-tech rail operations centre.  Lina and her team developed and keep updated Sydney Trains suite of template procurement contracts. taking into account industry changes and a much heavier focus on technology aspects of procurements.

WestConnex, RMS (now TfNSW): Lina was part of the team advising RMS on the WestConnex project, with a particular focus on the design & construct and operate & maintain aspects of the project.

Transport for NSW (TfNSW): Lina has recently worked with TfNSW to engage a contractor for the major overhaul of the digital train radio system as part of the Digital Systems Program, using an incentivised target cost (ITC) contract. Lina also advises TfNSW on other procurements across its business including the development or upgrade of freight lines and commuter car parks, and the design and construction of road upgrades, using a range of different contractual models.

WaterNSW: Lina advised WaterNSW on its procurement of a portfolio delivery management partner to assist Water NSW with its multibillion-dollar water infrastructure portfolio. She is also advising on Water NSW's asset renewals program including the engagement of design and construction partners and is advising on the procurement of the new Dungowan Dam.  Lina and her team have also developed a new suite of procurement contracting templates for WaterNSW, which have been well received by the market and have streamlined WaterNSW's procurements.

Barangaroo Delivery Authority: Lina advised the Barangaroo Delivery Authority on the construction aspects of the development of Barangaroo. The Barangaroo project is a major urban water front development and is considered to be the largest development project in Australia. Lina was particularly involved in the delivery of the iconic Barangaroo Point Reserve.

National Broadband Network: Lina advised nbn on various construction projects including the large scale roll out of high speed broadband around Australia.

School Infrastructure NSW (SINSW): Modern Methods of Construction: Lina is advising SINSW on its modern methods of construction program, an innovative program delivering a new age of school buildings in a high quality, efficient and sustainable manner.

Dahua: Lina is advising major property developer Dahua on the construction aspects of its greenfield and brownfield developments across Sydney.

Doma: Lina is advising property developer Doma on several developments in Newcastle and the construction of the Little National Hotel at Wynyard. The project involved many interfaces with neighbouring sites and complex access issues with the rail network below.

Stockland: Lina manages a team advising Stockland on construction projects across its business, including commercial, residential, retail, industrial and mixed use.

City of Parramatta Council (CoPC): Lina advised CoPC on the design and construction of a unique new civic building as part of the Parramatta Square Development.

Patrick: Lina advised Patrick on various construction contracts for the development of its freight terminal at Port Botany. She has also advised on the purchase of large robotic cranes from international suppliers for ports around the country and the introduction of complex new automation technologies.

Sydney Ports Corporation (SPC): Lina advised SPC on the significant expansion of its port facilities at Botany Bay and on the design and construction of the Enfield Intermodal terminal.

Global Switch: Lina is advising data centre owner Global Switch on all of its construction and upgrade projects including the major upgrade of its Pyrmont centre.

Woolworths: Lina advised Woolworths on the design, construction and fit-out of a meat processing facility in Victoria. This challenging project involved complex interfaces between contractors and novel technologies.

Cochlear Headquarters, Cochlear Limited: Lina advised Cochlear on the design and construction aspects of Cochlear's new global headquarters at Macquarie University, including the drafting and negotiation of contractual documentation. The transaction involved complex arrangements relating to the allocation of risk between the various project participants, including Macquarie University and Cochlear's financier.

Mitsubishi Estate Asia: Lina is advising Mitsubishi Estate Asia on the construction aspects of its Australian investments, including the $1.5bn Circular Quay Towers, Australia's tallest commercial building and the $4bn One Sydney Harbour - two significant developments changing the Sydney skyline.

The Store Redevelopment, Transport for NSW (TfNSW): Lina advised TfNSW on a joint property development project with Hunter Development Corporation including a new bus interchange and major mixed use development in Newcastle.

See Construction and Major Projects

Water

WaterNSW: Lina advised WaterNSW on its procurement of a portfolio delivery management partner to assist Water NSW with its multibillion-dollar water infrastructure portfolio. She is also advising on Water NSW's asset renewals program including the engagement of design and construction partners. Lina and her team have also developed a new suite of procurement contracting templates for WaterNSW, which have been well received by the market and have streamlined WaterNSW's procurements.

Critical State Significant Infrastructure (CSSI) Dams, Water NSW: Lina is advised Water NSW on the procurement of planning and development consultants for three new or augmented dams in NSW. Lina and her team worked closely with WaterNSW to successfully appoint SMEC and GHD / Stantec in an extremely fast-tracked procurement process to allow work to begin on these critical projects. She also advised WaterNSW on the procurement of the new Dungowan Dam.

Burrendong Deep Storage Access, WaterNSW: Lina advised on the preparation, drafting and execution of a contract enabling drought response works at Burrendong Dam. The contract was successfully and promptly executed. Timely execution was critical because of the severe impacts of the drought on Burrendong Dam, which at the time of contract close only contained 4% of its storage capacity.  Lina worked with WaterNSW to develop a unique delivery model that suited the constrained project requirements.

Leachate Treatment Plant, Kimbriki Environmental Enterprises: Lina advised Kimbriki on the design, construct, operation and maintenance contract for a leachate treatment plant and off-site pipeline.

Desalination Plant: Lina advised a contractor on its bid for the construction of a desalination plant in Adelaide.

Green Square Trunk Stormwater Alliance, Sydney Water and City of Sydney Council: Lina advised Sydney Water and City of Sydney Council on in their joint procurement of an alliance to carry out the Green Square Trunk Stormwater Project.

Developers: Lina advises various property developers on the design and construction of water infrastructure at their developments, including advice on Hunter Water and Sydney Water standard form development agreements and developer requirements.

See Water

Real Estate

Bridge Housing: Advised Bridge Housing on its engagement with NSW Land and Housing Corporation for the development of the Elizabeth Street, Redfern project. The project will be the largest mixed-use development to be led by a community housing provider in NSW and will be transformed to maximise social and affordable housing for the community.

Office of the Building Commissioner: Working with the Office of the Building Commissioner on its voluntary undertakings from developers found to be in breach of the residential building legislation.

Dahua: Lina is advising major property developer Dahua on the construction aspects of its greenfield and brownfield developments across Sydney.

Doma:Lina is advising property developer Doma on several developments in Newcastle and the construction of the Little National Hotel at Wynyard. The project involved many interfaces with neighbouring sites and complex access issues with the rail network below.

Stockland: Lina manages a team advising Stockland on construction projects across its business, including commercial, residential, retail, industrial and mixed use.

Mitsubishi Estate Asia: Lina is advising Mitsubishi Estate Asia on the construction aspects of its Australian investments, including the $1.5bn Circular Quay Towers, Australia's tallest commercial building and the $4bn One Sydney Harbour - two significant developments changing the Sydney skyline.

The Store Redevelopment, Transport for NSW (TfNSW): Lina advised TfNSW on a joint property development project with Hunter Development Corporation including a new bus interchange and major mixed use development in Newcastle.

See Real Estate

Transport and Logistics

Australian Rail Track Corporation (ARTC): Lina has advised ARTC on the design and construction of new freight lines around Australia by way of D&C contracts and alliances, as well as major equipment and services procurements.

Sydney Trains: Lina has advised Sydney Trains on countless procurements for the upgrade or provision of new rail infrastructure and systems, rolling stock upgrades and maintenance, the supply of new rolling stock fleets and the supply of rail related goods, services and technology. She also advised on the design and construction of a new high-tech rail operations centre.  Lina and her team developed and keep updated Sydney Trains suite of template procurement contracts.

Transport for NSW (TfNSW): Lina has recently worked with TfNSW to engage a contractor for the major overhaul of the digital train radio system as part of the Digital Systems Program, using an incentivised target cost (ITC) contract. Lina also advises TfNSW on other procurements across its business including the development or upgrade of freight lines and commuter car parks, and the design and construction of road upgrades, using a range of different contractual models.

TfNSW - Signalling Upgrades: Lina advised TfNSW on a framework for the roll-out of new signalling technology across the rail network, starting with a trial site but with the flexibility to roll it out further across the network through the issue of work orders. This framework included arrangements involving designers, contractors and technology vendors.

Patrick: Lina advised Patrick on the development of its freight terminal at Port Botany. She has also advised on the purchase of large robotic cranes from international suppliers for ports around the country and the introduction of complex new automation technologies.

Hobart International Airport: Lina has advised Hobart Airport on a number of major procurements, including on a D&C contract for a new freight precinct. Lina also advised on an integrated facilities management tender for services across the airport. This work has given her a strong understanding of the challenges of working in and around airports.

Sydney Ports Corporation (SPC): Lina advised SPC on the significant expansion of its port facilities at Botany Bay and on the design and construction of the Enfield Intermodal terminal.

Transport franchising: Advising operators on various bids for NSW transport franchises including ferries and buses.

Regional Electric Vehicle Charging Stations: Lina advised TfNSW on the procurement process for the rollout of electric vehicle charging stations in regional NSW.

See Transport and Logistics

Government Services

Department of Customer Service (DCS): Lina is part of the CU team advising DCS in relation to the Procure IT Transformation Project. The new framework will overhaul the manner in which NSW agencies procure ICT goods and services. Lina and her team have worked with DCS to bring an infrastructure lens to IT procurements given the increasing intersection of infrastructure and technology.

Department of Customer Service (DCS): Lina is part of the CU team advising DCS on a suite of tailored contracts to support a world-leading technology solution described as a "game-changer" for the building industry and an example of the NSW Government innovatively enabling a market-led solution. The pilot project relies on a block chain solution to track a building's provenance beyond basic compliance. It is anticipated the project will be used initially to road-test buildings which are undergoing cladding rectification as part of the NSW Government's cladding remediation program.

Helicopter Rescue Services Procurement, NSW Health: Lina advised NSW Health on the acquisition of rotary wing aeromedical ambulance services. The procurement, in excess of $1 billion, provided for services for NSW and the ACT over a 10 year period. The procurement addressed a range of service requirements including helicopter fit out, base and maintenance requirements. It included complex step-in arrangements and the involvement of not-for-profit organisations.

Marine Pilot Helicopter Transfer Services, NSW Ports: Lina advised NSW Ports on the procurement of marine pilot helicopter transfer services.

Fleet Marine Services Contract, Department of Defence: Lina advised on the re-tender of the Fleet Marine Services Contract for the provision of port and associated services around Australia for the Royal Australian Navy and including complex private financing arrangements over ownership of vessels. The Fleet Marine Services Contract will have a value of $1 billion over 10 years.

Level 3 Maintenance, Sydney Trains: Lina advised Sydney Trains on its sole source negotiations with UGL Unipart on the $1bn 5-year extension of its contract to maintain the Sydney Trains' rolling stock fleet. The challenging negotiations were concluded within a record time to ensure Sydney Trains operational aims were met while achieving value for money for the State.

Australian Rail Track Corporation (ARTC): Lina has advised ARTC on the design and construction of new freight lines around Australia by way of D&C contracts and alliances, as well as major equipment and services procurements.

Sydney Trains: Lina has advised Sydney Trains on countless procurements for the upgrade or provision of new rail infrastructure and systems, rolling stock upgrades and maintenance, the supply of new rolling stock fleets and the supply of rail related goods, services and technology. She also advised on the design and construction of a new high-tech rail operations centre.  Lina and her team developed and keep updated Sydney Trains suite of template procurement contracts taking into account industry changes and a much heavier focus on technology aspects of procurements.

TfNSW - Signalling Upgrades: Lina advised TfNSW on a framework for the roll-out of new signalling technology across the rail network, starting with a trial site but with the flexibility to roll it out further across the network through the issue of work orders. This framework included arrangements involving designers, contractors and technology vendors.

City of Parramatta Council (CoPC): Lina advised CoPC on the design and construction of a unique new civic building as part of the Parramatta Square Development.

Green Square Trunk Stormwater Alliance, Sydney Water and City of Sydney Council: Lina advised Sydney Water and City of Sydney Council on in their joint procurement of an alliance to carry out the Green Square Trunk Stormwater Project.

See Government Services

Digital Economy

Department of Customer Service (DCS): Lina is part of the CU team advising DCS in relation to the Procure IT Transformation Project. The new framework will overhaul the manner in which NSW agencies procure ICT goods and services. Lina and her team have worked with DCS to bring an infrastructure lens to IT procurements given the increasing intersection of infrastructure and technology.

Department of Customer Service (DCS): Lina is part of the CU team advising DCS on a suite of tailored contracts to support a world-leading technology solution described as a "game-changer" for the building industry and an example of the NSW Government innovatively enabling a market-led solution. The pilot project relies on a block chain solution to track a building's provenance beyond basic compliance. It is anticipated the project will be used initially to road-test buildings which are undergoing cladding rectification as part of the NSW Government's cladding remediation program.

Transport for NSW (TfNSW): Lina has recently worked with TfNSW to engage a contractor for the major overhaul of the digital train radio system as part of the Digital Systems Program, using an incentivised target cost (ITC) contract. Lina also advises TfNSW on other procurements across its business including the development or upgrade of freight lines and commuter car parks, and the design and construction of road upgrades, using a range of different contractual models.

TfNSW - Signalling Upgrades: Lina advised TfNSW on a framework for the roll-out of new signalling technology across the rail network, starting with a trial site but with the flexibility to roll it out further across the network through the issue of work orders. This framework included arrangements involving designers, contractors and technology vendors.

National Broadband Network: Lina advised nbn on various construction projects including the large scale roll out of high speed broadband around Australia.

Critical State Significant Infrastructure (CSSI) Dams, Water NSW: Lina is advisingadvised Water NSW on the procurement of planning and development consultants for three new or augmented dams in NSW. Lina and her team worked closely with WaterNSW to successfully appoint SMEC and GHD / Stantec in an extremely fast-tracked procurement process to allow work to begin on these critical projects. She also advised WaterNSW is now advising on the procurement of the new Dungowan Dam.

Regional Electric Vehicle Charging Stations: Lina advised TfNSW on the procurement process for the rollout of electric vehicle charging stations in regional NSW.

Global Switch: Lina is advising data center centre owner Global Switch on all of its construction and upgrade projects including the major upgrade of its Pyrmont centre.

Woolworths: Lina advised Woolworths on the design, construction and fit-out of a meat processing facility in Victoria. This challenging project involved complex interfaces between contractors and novel technologies.

See Digital Economy

Knowledge

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