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Project Finance
New Footscray Hospital PPP: Clayton Utz, with Marcus as lead partner, advised on all aspects of Plenary Health's winning bid for the New Footscray Hospital PPP Project, including on negotiations with the State, the financiers, equity providers, construction and services contracts. The transaction was the first social infrastructure project to be procured on the basis of the Victorian Governments standard form PPP contract. The project reached financial close in March 2021 and was the single largest health infrastructure investment in Victoria.
High Capacity Metro Trains PPP: acting for the success Evolution Rail consortium which was selected by the Victorian State Government to build and maintain the next generation of Metro Trains and associated maintenance infrastructure. Marcus continues to act for Evolution Rail during the build phase of the project.
New Perth (Optus) Stadium: As lead partner advising the Westadium consortium on this $1 billion PPP to build a new Stadium in Perth, Marcus was responsible for the overall delivery of Westadium's successful bid to develop, finance and maintain the stadium. This included negotiating with the Western Australia Government in relation to, as well as overseeing, the delivery of the equity, debt finance, construction and maintenance contracts within the consortium. Marcus continues to act for the project not in its operations phase.
Victorian Comprehensive Cancer Centre: Marcus was the lead adviser to the Plenary Health consortium appointed to design, build, operate, finance and maintain this $1 billion plus integrated cancer treatment and research facility. Marcus was involved in all aspects of the transaction, including negotiation with government, equity, debt, D&C and FM counterparties. He advised Plenary Health during the construction phase of this project and continues to advise in relation to its operations phase.
Victorian Desalination Plant (AquaSure consortium): Marcus advised on all aspects of the successful consortium bid including negotiating project and downstream documentation (such as, power supply, transmission connection and renewable energy offset purchase requirements) to financial close. He also advised on contract administration issues during the construction and delivery phases as well as the refinancing of significant Aquasure debt facilities. He continues to advise AquaSure on many aspects of the project.
Barwon Water Biosolids Treatment Facility: Marcus led the team acting for Plenary Environment as sponsor/developer of this PPP project for the financing, design, construction, commissioning, completion and operation of a facility for the treatment of organic and inorganic solids derived from a sewerage treatment process. Marcus' role included lead negotiation with counterparties both "upstream" and "downstream" and responsibility for oversight and delivery of all legal aspects of the project. He oversaw (and to a large degree negotiated) the 35 plus documents that made up the suite required for delivery of this project. This role included co-ordination of all legal matters associated with the documentation required to be entered into with Barwon Water as well as all consortium level documents, including debt finance arrangements, contractor and sub-contractor arrangements and offtake arrangements.
Bluff Point, Studland Bay, and Waterloo Wind Farms: Marcus was lead legal adviser to Roaring 40s Renewable Energy as developer and sponsor of these wind farms located in Tasmania and South Australia. Marcus' role included preparing, advising on and negotiating various non-construction related project documents advising on key structuring and transmission issues and negotiating required debt financing and security arrangements for the projects, including with bank clubs at both term sheet and full documentation stages through to financial close and overseeing the project as a whole from a legal perspective.
See Project Finance
Construction and Major Projects
Major Project Development and Finance (Private Parties)
New Footscray Hospital PPP: Clayton Utz, with Marcus as lead partner, advised on all aspects of Plenary Health's winning bid for the New Footscray Hospital PPP Project, including on negotiations with the State, the financiers, equity providers, construction and services contracts. The transaction was the first social infrastructure project to be procured on the basis of the Victorian Governments standard form PPP contract. The project reached financial close in March 2021 and was the single largest health infrastructure investment in Victoria.
High Capacity Metro Trains PPP: acting for the success Evolution Rail consortium which was selected by the Victorian State Government to build and maintain the next generation of Metro Trains and associated maintenance infrastructure. Marcus continues to act for Evolution Rail during the build phase of the project.
New Perth (Optus) Stadium: As lead partner advising the Westadium consortium on this $1 billion PPP to build a new Stadium in Perth, Marcus was responsible for the overall delivery of Westadium's successful bid to develop, finance and maintain the stadium. This included negotiating with the Western Australia Government in relation to, as well as overseeing, the delivery of the equity, debt finance, construction and maintenance contracts within the consortium. Marcus continues to act for the project not in its operations phase.
Victorian Comprehensive Cancer Centre: Marcus was the lead adviser to the Plenary Health consortium appointed to design, build, operate, finance and maintain this $1 billion plus integrated cancer treatment and research facility. Marcus was involved in all aspects of the transaction, including negotiation with government, equity, debt, D&C and FM counterparties. He advised Plenary Health during the construction phase of this project and continues to advise in relation to its operations phase.
Victorian Desalination Plant (AquaSure consortium): Marcus advised on all aspects of the successful consortium bid including negotiating project and downstream documentation (such as, power supply, transmission connection and renewable energy offset purchase requirements) to financial close. He also advised on contract administration issues during the construction and delivery phases as well as the refinancing of significant Aquasure debt facilities. He continues to advise AquaSure on many aspects of the project.
Barwon Water Biosolids Treatment Facility: Marcus led the team acting for Plenary Environment as sponsor/developer of this PPP project for the financing, design, construction, commissioning, completion and operation of a facility for the treatment of organic and inorganic solids derived from a sewerage treatment process. Marcus' role included lead negotiation with counterparties both "upstream" and "downstream" and responsibility for oversight and delivery of all legal aspects of the project. He oversaw (and to a large degree negotiated) the 35 plus documents that made up the suite required for delivery of this project. This role included co-ordination of all legal matters associated with the documentation required to be entered into with Barwon Water as well as all consortium level documents, including debt finance arrangements, contractor and sub-contractor arrangements and offtake arrangements.
Bluff Point, Studland Bay, and Waterloo Wind Farms: Marcus was lead legal adviser to Roaring 40s Renewable Energy as developer and sponsor of these wind farms located in Tasmania and South Australia. Marcus' role included preparing, advising on and negotiating various non-construction related project documents advising on key structuring and transmission issues and negotiating required debt financing and security arrangements for the projects, including with bank clubs at both term sheet and full documentation stages through to financial close and overseeing the project as a whole from a legal perspective.
See Construction and Major Projects
Banking and Finance
Financial institutions: Marcus has acted for all four of Australia's major financial institutions. In addition he has advised many overseas financial institutions with dealings in Australia.
Australian corporate entities: Marcus has also advised many significant Australian corporate entities with respect to their debt funding requirements.
See Banking and Finance
Property Finance
Property Development Finance Roles: Marcus has acted for various parties, including Wingate Property Group, FarEast Consortium, ANZ Bank, National Australia Bank and Places Victoria in relation to various land acquisition and construction development projects and refinancing of existing property, including inner city residential and commercial property developments.
See Property Finance
Government Services
Federation Square: Marcus has provided advice to the Victorian Government in relation to the governance and operations at Federation Square with a view to considering future arrangements at the site.
Building the Financial Capacity of Housing Associations and the Social Housing Growth Fund: Marcus is working with the Victorian Government to roll out these programs which aim to increase the availability of social housing stock in the State by providing finance and related incentives for community housing associations to increase their housing stock.
Cranbourne Pakenham Rail Corridor: Marcus advised the Victorian Government on this market led proposal including evaluating aspects of the private bidder's proposal (its structure and finance aspects) as well as advising Government on various of the project documents, especially as related to the equity and debt arrangements.
Eastern Goldfields Prison Redevelopment PPP Project: Marcus advised the Western Australian Government on the procurement of this prison PPP project. His role included evaluating the financial aspects of the shortlisted bidders' response to tender as well as advising on the ultimate State Project documents and downstream arrangements, including the debt, equity and securitised structure arrangements. Marcus also led the team in bringing the project to contractual and financial close.
See Government Services
Energy Transition
Confidential Market Led Proposal: Marcus led the legal negotiations for a consortium that approached the Victorian Government with a proposal that involved (amongst other elements) a planned significant increase in renewable energy generation in the State (including solar, wind, pumped hydro and battery storage).
Bluff Point, Studland Bay, and Waterloo Wind Farms: Marcus was lead legal adviser to Roaring 40s Renewable Energy as developer and sponsor of these wind farms located in Tasmania and South Australia. On the project Marcus negotiated debt financing and security arrangements for the projects (amongst other tasks).
Hydro Tasmania: Marcus acted for Hydro Tasmania in relation to the original procurement of the Basslink project, including preparation of tender documents, evaluation of bid, negotiation and finalisation of contractual documentation.
Victorian Desalination Plant: Marcus advised on all aspects of the successful consortium bid for the financing, design, construction and operation of this $5bn+ desalination plant and associated infrastructure (including a 85km high voltage underground transmission line). Marcus negotiated with AGL of a long term power supply contract and long term REC purchase contract to supply power and offset greenhouse emissions produced by the desalination plant. This negotiation underwrote the establishment of the Macarthur Wind Farm in Victoria at a cost of over $1bn.
TasNetworks: Marcus is the lead partner in relation to the legal panel relationship the firm has with TasNetworks providing ad hoc legal advice to TasNetworks on various elements of its electricity transmission business.