CAPABILITY

B U I L D I N G & C O N S T R U C T I O N

CAPABILITY S T A T E M E N T

Practical Solutions for the Building and Construction Industry w w w. p r i o r i t y l a w y e r s . c o m . a u

About Us PLACING YOUR BUSINESS FIRST Growing wealth, protecting assets, securing the future.

WHO WE ARE Its Your Business First

WHAT WE DO The strengths of our practice will become evident to you, in particular–

Timing is critical, particularly for businesses that have a large

•

Our business acumen and commercially astute approach

number of projects. Priority Business Lawyers understands

to transactional services, seeking to ensure price certainty

that and is committed to delivering our services within

wherever possible. We take detailed instructions and

timeframes that fit the commercial needs of our clients.

understand the entire scope of your needs at the outset of each matter.

Priority Business Lawyers has been and continues to be a

•

We are local boutique lawyers with big-city expertise. We

leading and energetic business law firm focusing on supplying

continuously seek the best talent available on the Central

good quality legal services to a range of business clients

Coast and our team consists of highly experienced

across the Central Coast, Sydney, and Newcastle.

individuals who, after gaining valuable experience in Sydney or abroad, want to work where they live.

PBL BUILDING & CONSTRUCTION CAPABILITY STATEMENT

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Contact Us Priority Business Lawyers your building and construction management and law team.

Tuggerah Office Address: 6/1 Pioneer Ave, Tuggerah Business Park NSW 2259 Mail: PO Box 5266, Chittaway Bay NSW 2261 DX: 20764 Tuggerah

Phone & Fax Phone: 1300 965 689 or (02) 4305 3500 Fax: (02) 4305 3511

We are Online www.prioritylawyers.com.au Email: [email protected]

PRIORITY BUSINESS LAWYERS PROPOSAL

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Our Team We add legal know-how to your team to ensure the best possible outcome for your development projects.

. Raea Khan Principal Lawyer

Commercial/Contracts & Project Management of Large-Scale Projects

SEE APPENDIX FOR FULL TEAM PROFILES PROACTIVE AND PROFESSIONAL


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. DAVID PRIOR Special Counsel, Commercial Transactions

Mergers and Acquisitions Management Sales and Purchase of Businesses

. IAIN MARK Senior Associate Lawyer

Property Law Planning and Government Law

. MARK STACE Associate Lawyer

Engineer and Project Manager, Commercial / Contracts & Project Management of LargeScale Projects

. REUBEN HERNANDEZ Lawyer, Commercial Transactions

Small, Medium, and International Companies’ Commercial Matters

OUR TEAM MEMBERS

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Construction Trade Industry Lawyers A lot of construction projects experience cost blowouts and unclaimedexpenses because of inclement weather, delays by third parties, and unforeseeable costs not covered in your tender or quote but required under the contract. Generally, a construction company has the ability to claim payment for unforeseeable issues and variations, based on construction works completed. It is essential to properly negotiate your contract to sustain your margin throughout the project. Most construction companies eat into

A lot of claims for cost blow-outs can

and workplace relations advice. We

their project margin fairly quickly, but also

be dealt with under the

appreciate the balancing act between

experience cash-flow restrictions from

payment claim, including claims for

mitigating

the outset. The Building and Construction

variations, latent conditions (e.g. hitting

construction projects from a commercial

Industry Security of Payment Act 1999

rock), inclement weather, and other

and project management standpoint.

NSW (the Act) and your construction

unforeseeable issues.

Act with a

contract are the most useful tools to manage

your

cash-flow,

keep

risks

and

approaching

Priority Business Lawyers is

proud

to

your

If you need building and construction

provide a snapshot of how we assist

project running efficiently, and minimise

lawyers, rest assured that we are here to

clients in the construction industry.

unexpected third-party issues.

assist you with commercial, construction,


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OUR BUILDING AND CONSTRUCTION LAW SERVICES

• PRINCIPALS AND HEAD CONTRACTORS • SUBCONTRACTORS AND SUPPLIERS • DEVELOPERS AND PROJECT CONSULTANTS

WHO WE HELP

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Building & Construction Project Management Methodology Application to the Delivery of Building & Construction Legal Services INTRODUCTION

BACKGROUND

The following paragraphs outline the value-adding services

There are a number of ways to describe the various stages of a

provided by Priority Business Lawyers of building and

building project and typical stages are outlined below:

construction project advice. Risks arise from both legal and non-legal sources, but left uncontrolled they ultimately result

Construction Project Framework

in increased costs for you. At Priority Business Lawyers, we take a holistic approach to projects and apply the elements

»»

Phase 1 - Concept (business development)

typically used in a formal Project Management Office (PMO)

»»

Phase 2 – Initiation (confirmation of deliverables/

system approach, a whole-of-project service to building &

timeframe/terms and conditions/receive PO from

construction clients.

customer) »»

Outlined below are the key elements of an integrated Project Management System (IPMS). Depending on the size and type of engagement with our

Phase 3 – Planning (design initiation, procurement initiation and delivery planning phase)

»»

Phase 4 – Execution (manufacture and construction)

»»

Phase 5 – Closure (project review and financial closure)

building and construction client, we know the success of their business depends on the application of business principles at

The risk at an early stage of most projects is that singularly

all levels of their operations, including both legally-related and

focused Business Development Managers will want to limit

non-legally-related activities. The value-adding service that

development to the extent that, once a purchase order is

Priority Business Lawyers can provide for these clients is this

received, continued delivery becomes the sole concern of

whole-of-business approach.

the Project Manager. The Project Manager is then faced with starting a project not properly planned or defined, resulting in

The following information outlines the non-legal structure of

increased delivery risk and ultimately lower financial returns

construction and building business operations, which can be

and customer perceptions. The strongest sustainable financial

read hand-in-hand with traditional legal advice on setting up

position is found by evaluating, in Phase 2, the likelihood

business structures, contracts etc.

and consequence of risks and putting the correct control measures in place – all with a customer-centric focus on agreed deliverables. It is the role of the Business Development Manager and Project Manager to collaborate and accurately determine the outcome of these competing interests.


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.

PROJECT DEVELOPMENT VS PROJECT EXECUTION

The Project Development (PD) phase of a project includes Phases 1 – 2 outlined above. This stage is characterised by confirmation from the customer of the intent to engage, intense planning, scoping, and assessment so that the total project definition, scope, and authorisation (with cost estimates) are accurately obtained. This is a distinct discipline as this is the stage where risks can most easily be identified and appropriate control measures put into place. Failures to adequately quantify and control risks at the PD stage will inevitably result in project cost variations and time over-runs at the Project Execution stage. By contrast, the Project Execution (PE) stage includes all activities necessary on-site or in the factory required to physically deliver the project. This stage of a project is characterised by detailed job and resource planning, receipt of materials procured in earlier phases, and management to ensure the most efficient delivery of work of the scope determined at the PD stage.

RESPONSIBILITY ASSIGNMENT ACROSS THE PROJECT (BUSINESS DEVELOPMENT / PROJECT EXECUTION) STAGES

Responsibility Allocation at Each Project Phase Business Development Manager

Concept

Project Delivery Manager

Initiation

Planning

Execution

Closure

RESPONSIBILITY ASSIGNMENT ACROSS THE PROJECT (BUSINESS DEVELOPMENT / PROJECT EXECUTION) STAGES Throughout both the PD and PE phases of a project it is critical that the same project structure is used to ensure consistency of development and deliverability. It is essential that both the PD and PE resources consult with each other to adopt the same project Work Breakdown Structure (WBS). It should not be uncommon for a representative from the execution service provider to attend the initial project kick off meeting.

PROJECT MANAGEMENT METHODOLOGY

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The PMBOK Methodology The Project Management Body of Knowledge (PMBOK) has long been used as the standard for excellence in Project Management. Key to this approach is the application of key knowledge areas outlined below: 1.

Project Integration Management (the management/

Essential Elements of Project Management

inclusion of the following areas)

The following is a list of terms and activities that form the basis of any successful project.

2.

Project Scope Management

3.

Project Time Management

4.

Project Cost Management

Project Stage Definition (PSD):

5.

Project Quality Management

This is one of the most important aspects of any PMO and

6.

Project Human Resource Management

provides a breakdown of the various phases that current

7.

Project Communications Management

projects are at. This is based on the five (5) areas outlined

8.

Project Risk Management

above and provides the basis for critical business activities

9.

Project Procurement Management

including forward resource planning, cash flow and business decisions to determine where activities should be focussed for

The purpose of grouping each process into a knowledge area

continuing business viability and profitability.

is to place focus and rigour on how that knowledge area is addressed as part of the project roll-out. The challenge for any

Project Scope (PS):

organisation moving forward is to introduce enough Project

This is the first stage in any project development and relates

Management activities to control project deliverables, whilst

to addressing an organisational/customer need. The project

at the same time not over-burdening the delivery process with

scope must have defined limits that reflect the identified

expensive overhead costs in the form of Project Management

customer needs.

tasks. The challenges here will vary from project to project and it will be the role of the Project Manager to determine the

Work Breakdown Structure (WBS):

importance of each area.

A WBS is simply a grouping of like activities delivered by the same resource group. The WBS allocation to deliver the

The following essential elements of planning seek to strike the

project is created during the development phase of the project,

necessary balance between performance and activity, taking

reflecting resources/skills availability, and this structure is

into account the need to consider the areas outlined above.

maintained right through to the end of the execution phase of the project.


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In addition, each WBS allocation is best organised around the base components of the project estimate, so that costs can be appropriately allocated to each WBS element, just as with the allocation of resources. Cost variations against each WBS element are then captured early at each monthly Progress Control Group (PCG) meeting. Project Schedule (Including Critical Path): Each WBS item and associated activities are set up as activities with appropriate successor and prerequisite tasks, so that the schedule automatically calculates Critical Path and Forecast Finish Date (FFD) to reflect changes to task durations and resources. Project Risk Assessment (PRA): Identifies and lists the project risks and the control measures applied. Project Financial Summary (PFS): Lists all of the variations (positive/negative, approved/ unapproved) related to the original project scope. This list is updated throughout the life of the project so that early warnings can be obtained of budget overspends well before the approved budget is exhausted. No variation, no matter how small, should proceed without appropriate review and approval based on its potential impact on project scope, time, and cost. Project Monthly Report: This is prepared monthly for each project and contains an upto-date summary of the project, including risks and problems. The report should efficiently summarise the status of a project and not over-burden the Project Manager with unnecessary administrative tasks. Process Control Group (PCG): The group undertakes Program Level review of projects or programs of works to make broad decisions on program delivery, resources, and expenditure. The PMO Approach The following table provides a representation of the key elements of a customer-centred PMO approach.

PMBOK METHODOLOGY

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BUILDING & CONSTRUCTION WORKS PROJECT MANAGEMENT OFFICE - METHODOLOGY

Customer Centred Approach Project Delivery Manager

Regular TwoWay Customer Communications at each stage of project by Area Accountable Area Accountable Project Stage

Business Development 1. Concept Business Development

Project Delivery Manager 2. Initiation Business Development/ Project Management

3. Planning

4. Execution

Project Management

Project Management

Design

Manufacture/ Construction

Area Responsible

5. Close-Out Project Management

Transition Phase from BD to PM

Note:

Responsibility allocation is based on the RACI model (Responsible, Accountable, Consulted and Informed) where

Accountable is the highest level providing confirmation of task performance.


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Contracts We’ve got a lot of experience when it comes to contracting and we know the ‘ins’, the ‘outs’, and how to avoid common traps.

Contract Development We’ve prepared contracts of all sizes, from the smallest purchase orders right through to contracts worth hundreds of millions of dollars. We’ve worked with all of the popular Australian contract forms and many international contract forms. We can develop a contract from your preferred starting point or amend an existing contract to provide more appropriate risk allocation. Contract Review and Strategy We’ve made contracts our business, so reviewing clauses and recommending amendments where required is second nature to us. We also know how to avoid contracting pitfalls and we can make sure you are well-placed to handle the situation if your contract presents you with challenges.

Contractor and Supplier Management We’ve managed contractors and suppliers on both big and small jobs and we fully appreciate that it doesn’t matter how big the job is, the ‘domino effect’ of one bad contractor or supplier can bring down an entire project. We have experience managing contractors and suppliers across the complete spectrum, from the well-behaved to the disorganised to the blatantly mischievous. Our contractor and supplier management services will give you confidence that your contractor or supplier is under expert control and will allow you to focus on getting on with the job. 



Contract Claims and Disputes We’ve prepared claims and responded to claims. We’ve represented parties in claims and disputes and have advocated for them during negotiations and other dispute resolution methods. We’ve assisted owners, principals, head contractors, contractors, subcontractors, suppliers, consultants, and service providers. We’ve also worked with lawyers in formal resolution processes like adjudication, arbitration, and litigation.

Contract Management and Administration We’ve provided contract management and contract administration services for some of Australia’s largest projects and companies. The bigger the contract, the harder it can be to manage, especially if things start to go wrong. That’s not to say that small contracts aren’t equally demanding to manage correctly. We’ve also assisted many smaller players to achieve great outcomes from their contracts. 

Contract Close-Out We’ve helped take the burden of contract close-out away from clients by managing the process of final claims and certificates until all the loose ends are tied up. We’ve also actively monitored contractor and supplier compliance with their obligations during residual warranty periods and represented clients in any associated warranty claims.

PBL Building & Construction Capability Statement

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Procurement Management We’ve managed procurements for some of Australia’s biggest companies and projects and we have given clients confidence that their procurement activities are safely in commercially astute and capable hands.

Tendering We’ve helped clients on both sides of the tendering process to achieve great results. We’ve prepared tenders, managed the tendering process, evaluated tenders, conducted commercial and contract negotiations, made recommendations to award tenders, and prepared final agreements for execution. We’ve worked on large tenders, small tenders, and everything in between.

Procurement Outsourcing Why not let our experienced procurement specialists do the hard work for you and leave you to simply make the key decisions at the appropriate times? You can free up your resources to concentrate on other tasks, yet still maintain the critical control you need over the procurement process. We can assist with a particular element, such as evaluating tenders, or we can undertake the entire process from initial planning right through to preparing a final contract ready for execution.

Contracts & Procurement

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Claims, Dispute Prevention & Resolution When the time comes to make or defend a claim, or face a potential or current claim, it pays to have expertise, experience and confidence on your side. Fortunately, we can bring all of these elements to your team when you need it.

Very few firms have our depth of both front-end project experience and solid back-end experience with claims and disputes. That’s why we’re the right choice when you need to deal with claims and disputes. Claims Assistance We’ve assisted many clients to understand their entitlement to make or defend a claim under a contract. We help gather evidence and supporting documentation to substantiate a claim or a defence to a claim and then prepare the claim or response. We’ve represented many clients during claims negotiations. Whether you need expert advice or want some additional support for your claims team, our claims assistance service will ensure you’ve got the right people fighting for your side. Dispute Prevention and Resolution We’ve also helped many clients in the prevention and resolution of disputes, from the earliest phase of developing a strategic approach to issues right through to making and defending claims.

PBL Building & Construction Capability Statement

Warranty and Defect Support Whichever side of the warranty or defect claim you may be on, understanding your entitlements and obligations is important for ensuring that your issue is addressed with minimal cost and disruption to you. We’ve helped clients make significant savings and avoid unnecessary expense with our proactive warranty and defect support services. Securities of Payment Assistance We can help you with understanding your entitlements under the relevant legislation, developing a strategy that works best for you, and we can assist you throughout the claim, response, and adjudication process as required. We appreciate that the issues confronting claimants are very different to those confronting respondents, and we’ve worked effectively on both sides.

“We can help you with understanding your entitlements under the relevant legislation.”

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PRIORITY BUSINESS LAWYERS BUILDING & CONSTRUCTION LEGAL MEMBERSHIPS Membership Level

Annual Turnover

Number of Workers Owner/Operator and only

Annual Fee excl. GST

Level 1

Up to $1 million

Level 2

Up to $2 million

2 to 5 employees

$1,660

Level 3

$2 million to $5 million

6 to 15 employees

$3,195

Level 4


16 to 25 employees

$5,095

Level 5


26 to 75 employees

$7,290

Level 6

$30 million or more

76 or more employees

$9,560

1 employee

$855

MEMBERSHIP “FREE SUPPORT HOURS” Priority Business Lawyers Building & Construction

A lot of commercial decisions during construction projects

Members receive an allocation of ‘free support hours’ each

have legal consequences, which is why we offer clients a

year of their membership to seek assistance and support

membership option.

from our Compliance Support Team when the need arises. In the event that a big issue arises, our Members pay If your membership hours are unused in a given year,

specific set rates based on requirements for in-house

they will expire, however the remaining balance of your

project lawyers, management of construction disputes,

membership fee will be credited against your final invoice

legal claims analysis, or ad hoc legal advice

for the financial year.

Members are able to contact specific project lawyers to

The number of hours provided each year is:

assist them with concerns in relation to managing their projects.

•

Level 1 Membership

2 free hours

•

Level 2 Membership

3 free hours

Membership is optional, but we find that it limits time

•

Level 3 Membership

4 free hours

wastage when seeking legal advice or assistance.

•

Level 4 Membership

5 free hours

•

Level 5 Membership

6 free hours

Raea Khan Principal Lawyer Commercial / Contracts & Project Management of Large-Scale Projects FORMAL QUALIFICATIONS

•

13+ years of legal and commercial experience in

•

Bachelor of Laws (2007) - Southern Cross University, NSW

construction, mining, and project law, including project

•

Master of Laws (Corporate, Commercial major) (2009) -

finance.

•

Graduate Diploma of Legal Practice (2008) - The College

University of New England, NSW of Law, NSW

•

Master of Project Management - Sydney University, NSW

in

large-scale

tender,

contract

and

•

Private sector to govt. sector contracts consultant.

•

Expertise and experience with complex legal, policy, contractual, tendering, and technical specification issues.

Currently Studying •

Experience

subcontract management ($322m + p/a).

•

Expertise in non-standard terms around risk identification,

•

Admitted to practice by the High Court of Australia, 2008.

•

Admitted by the Supreme Court of New South Wales,

negotiation, and mitigation.

PROFILE

2008.

Summary: In House Legal Counsel Roles •

Junior Counsel with BHP in negotiating and implementing exploration and mining tenement rights in the Pilbara region of Western Australia with project quantum of $40 million in royalties per year over a 20-year agreement for iron ore sold to Rio Tinto and BHP (at the time BHP Billiton).

•

Junior Counsel assisting community consultations with native title holders, mining joint ventures, and smaller mine companies to collectively agree on overarching royalties across the Pilbara region. Project quantum $10 million per annum. Parties were FMG and other minor mining entities (both listed and unlisted).

•

Lead Counsel for smaller mining entities in community consultations on mining tenements with native title holders. If exploration licences were approved, there would be $25 million in royalties over the mine’s life.

•

Junior Counsel assisting Lead Counsel in negotiating proposed Oakajee Port and Rail Corridor in the Murchison and Gascoyne region of Western Australia, negotiating during Environmental Impact Assessment, community consultations, and native title assessment. Project quantum was $3.2 billion, based on 40 megatonnes of iron ore to be exported per annum.

•

Third Counsel assisting native title holders in the Murchinson and Gascoyne region for a collective royalties agreement delivering $700 million worth of financial and non-financial benefits.

•

Lead Counsel for a subsidiary of BHP (MAC) in the Hunter Valley for implementation and roll-out of an expansion project. Involved in initial feasibility and project planning, with BHP Group treasury approval for minor spending based on spot-prices of coal in 2012. Project quantum was $322 million and proposed an expansion of the mine yield from 20 to 32 megatonnes per annum over a five-year period (It was assessed as not feasible).

•

Lead Counsel with BHP advising MAC and BMA on mine site project tendering, retention, contract compliance and termination, on contracts varying from $20,000 to $20 million per annum.

Private Practice •

Advising on $78 million transmission build on greenfield sites. Project engagement for project finance advice, compliance with head contract, drafting of back-to-back contracts with subcontractors, negotiations with and retention of subcontractors, and legal compliance management of government stakeholders.

•

Advising clients on various project contracts, including services, supply, consultation, and subcontracts to mining companies. Quantum of contracts ranging up to $3 million.

•

Providing advice on transmission upgrade for brownfield site. Review of risk mitigation measures under contract, insurances, and third-party indemnity as a high-risk project requiring appropriate project margins. Project quantum $23 million.

•

Advising engineering and consulting company in relation to services panel contracts in the telecommunications industry. Reviewing and assisting with negotiations to secure and undertake project risk assessment, including developing internal processes for retention of subcontractors. Project quantum was based on purchase order awards.

•

Advising smaller developers on construction projects, tenders, project finance, security and retention, and compliance

•

Advising developers in relation to project finance, first and second mortgages, and equitable rights under signed Loan

with contract. Quantum of projects ranging from mum and dad developers to $20 million. Agreements. Project quantum was $20 million, based on discharge of first mortgages. •

Assisting with commercial project advice for Stage 1 of an over-55 residential development. Project quantum was $3.5 million with claims up to $1.5 million.

Iain Mark Senior Associate Lawyer Property Law, Local Government and Planning Law FORMAL QUALIFICATIONS •

Bachelor of Environmental Science (2002) - University of Newcastle, NSW

•

Graduate Diploma of Legal Practice (2005) - University of Newcastle, NSW

•

Bachelor of Laws (2005) - University of Newcastle, NSW

Summary: Private Practice •

Advising and acting on the sale and subsequent disposal of an equestrian stadium and property in western Sydney, which sold

•

Advising and acting on the acquisition of a strata-title commercial shopping centre in western Sydney valued at $6.5 million.

•

Advising and acting on an acquisition of land in western Sydney and subsequent two-stage 40-lot subdivision, including

to local Council for $17 million.

consulting with surveyors, developer, local Council, mortgagee, and Sydney Water on civil works, timing, and arranging for Plan of Subdivision to be lodged for registration. Total project quantum estimated to be $15 – $20 million. •

Advising, assisting, and acting on 60-lot strata subdivision in western Sydney, including assisting in preparation of master contract, attending to conveyancing and disposal of strata lots off-the-plan, advising and arranging signing of mortgage documents.

•

Advising, assisting, and acting on 30-lot strata subdivision in inner south-west Sydney, including assisting in preparation of master contract, attending to conveyancing process, including sale of strata lots off-the-plan, advising and arranging signing of mortgage documents.

•

Advising, assisting, and acting on 90-lot strata subdivision in Gosford, including assisting in preparation of master contract,

•

Advising, assisting, and acting on 5-lot strata subdivision in East Gosford, including assisting in preparation of master contract,

attending to conveyancing and disposal of strata lots off-the-plan, advising and arranging to sign mortgage documents. attending to conveyancing and disposal of stratas lot off-the-plan, advising and arranging signing of mortgage documents, corresponding and co-ordinating with developer and strata managers. •

Acting and advising in a Land & Environment Court appeal over a multimillion dollar 19-lot strata subdivision in Saratoga, where the development application was initially rejected by Council but resolved in court on terms and conditions favourable to the developer.

Private Practice continued... •

Advising various purchasers in relation to the purchase and acquisition of strata units off-the-plan for unregistered plan of subdivision, various acquisitions valued between $300,000 and over $1 million.

•

Advising and acting for blue-chip mines in the Hunter Valley in multimillion dollar acquisitions and disposals of property, licence agreements, and leases with key stakeholders including adjoining landowners, mining leases, primary applications for adverse possession of adjoining land, easements, terms of access.

•

Advising and acting for energy companies/power stations on easements for power lines and access to property.

•

Acting for various local Councils including Upper Hunter Shire Council, Muswellbrook Shire Council, and Maitland City Council in relation to multimillion dollar acquisitions and disposals of property including a large subdivision in upper Hunter, corresponding with surveyors and engineers with respect to subdivision, assisting in conveyancing process, compulsory acquisition, easements.

•

Acting for local Councils in Land & Environment Court proceedings brought by or against Council.

•

Acting for and advising large shopping centres with multimillion dollar turnovers in western Sydney and Blue Mountains

•

Advising smaller developers on construction projects, including a proposed multimillion dollar strata subdivision at Lake

•

Acting for and advising developers on project finance, including loan agreements.

in relation to all retail leases, general legal advice, and effectively acting as in-house solicitor for shopping centres. Macquarie.

David Prior Special Counsel, Commercial Transactions Mergers and Acquisitions Management Sales and Purchase of Businesses FORMAL QUALIFICATIONS •

BA LLB MA

PROFILE •

Admitted Supreme Court of New South Wales 1978

•

Admitted High Court of Australia

sophisticated and complex legal services to assist them

•

Over 38 years in private practice

with the acquisition development and sale of commercial

•

Established Central Coast Business Lawyers and Priority

and industrial development sites."

"Retained

by

a

number

of

developers

to

provide

Business Lawyers

Substantially practises in the following areas of law:

Substantially practises in the following areas of law:

•

Mergers and Acquisitions

•

Mergers and Acquisitions

•

Sale and Purchase of Businesses

•

Sales and Purchase of Businesses

•

Retail and Commercial Leasing of Real Property

•

Retail and Commercial Leasing of Real Property

•

Franchising

•

Franchising

•

Intellectual Property

•

Intellectual Property

•

Estate Planning and Business Succession

•

Estate Planning and Business Succession

•

Commercial and Industrial Development

•

Commercial and Industrial Development

•

Business Structuring of all kinds

•

Business Structuring of all kinds

Major achievements include: •

Acted for Scholastic Australia in the potential acquisition of a major Australian book retail outlet, where the contract was valued

•

Acted for Spandex Asia Pacific in the acquisition of two major competitors, one in Western Australia and the other in New South

in excess of $10 million. Wales, involving two contracts worth collectively several million dollars. •

Retained by Wyong Race Club to rewrite their key constitutional documents at a time when the Board of the Club had been

•

Undertook significant legal work in the formation of various trusts and other structures to enable developers to acquire valuable

terminated by Racing New South Wales and where compliance issues were of paramount importance. residential sites in the Central Coast region and then prepared and drafted various documents to assist with that acquisition of property worth in excess of $20 million. •

Restructured a number of NFP Associations to enable them to become Companies Limited by Guarantee and rewrote relevant constitutional documents for that purpose.

•

Acted for a developer in acquiring two significant sites at Gosford and Niagara Park with combined values in excess of $20 million.

Mark Stace Associate Lawyer Engineer and Project Manager, Commercial / Contracts & Project Management of Large-Scale Projects FORMAL QUALIFICATIONS •

Graduate Diploma of Legal Practice (2015) - The College

PROFILE •

of Law, NSW •

Bachelor of Laws (2014) - Sydney University, NSW

•

Master of Engineering Science (1994) - University of Newcastle, NSW

•

experience in construction, utilities, and private industry. •

Certified Practising Project Director - Australian Institute

• •

Expertise in setting up a Project Management Office to efficiently deliver a program of works.

•

Expertise

in

processes,

contracts,

tenders,

correspondence, and technical specifications.

Currently Studying Master of Laws (Property Law), College of Law, NSW

Expertise in Project and Program Management of a largescale portfolio of work ($550M+).

of Project Management

•

Experience in medium-scale project tendering, contract, and subcontract management ($35M+).

Bachelor of Engineering (1991) - University of Technology

•

20+ years of Project Development and Project Delivery

•

Expertise in the practical application

of

engineering

and legal risk Identification, negotiation, and mitigation (including Workplace Safety). •

Admitted, Supreme Court of New South Wales, 2015.

Summary: Project Development and Delivery Roles •

Development Manager for large utility undertaking the scoping and planning for over $500 million of projects in a geographical area between the Hawkesbury River and Scone. This work included the development of detailed work scopes and the writing of board papers for project authority. In total the program of works required the identification, negotiation, and acquisition of over 100 greenfield easements and 25 greenfield sites. Led the Community Stakeholder Engagement for this program of works.

•

Assisted internal and external staff with the environmental approvals for the above project under the State Environment Planning Policy (Infrastructure SEPP). Negotiated the identification, assessment, and then transfer to the National Parks Estate of Compensatory Habitat Land associated with the $68 million (total combined project) Tomago Bulk Supply Point Upgrade Project. This outcome required the cooperation and agreement of the Department of Planning, Transgrid, Ausgrid, and Tomago Aluminium.

•

Operational Area Manager for Ausgrid on the Central Coast, leading a team of initially 247 staff in the delivery of maintenance and capex budgets to the value of $15M and $22M respectively. Also led the restoration efforts responding to the 2015 superstorm that left over 72,000 customers without power.

Key Successes •

Advising clients on various project and building contracts in relation to progress claims, variations, extension-of-time claims, and use of the Security of Payments Act. Quantum of contracts ranging up to $3.5 million. Ability to bridge the technical and legal divide to provide accurate, progressive, and solution-minded results for business which produce immediate commercial benefits.

Reuben Hernandez Lawyer, Commercial Transactions Small, Medium and International Companies Commercial Matters FORMAL QUALIFICATIONS •

Graduate Diploma of Legal Practice 2017 - Australian

PROFILE •

Admitted Supreme Court of NSW 2017

National University, NSW •

Bachelor of Laws and Bachelor of Arts (Politics & International Relations) 2016 - Macquarie University, NSW

Priority Business Lawyers Summary: •

Undertakes front end Commercial Law transactions with a range of contractual drafting including but not limited to: »»

Shareholder Management & Succession Deeds;

»»

Distributorship Agreements;

»»

Business Sale Agreements;

»»

Licence Agreements

»»

Multiple Trust Deeds including Unit Trusts;

»»

Loan Agreements; and

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Sale of Share Agreements

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Advice provided to commercial clients with drafting Employment Contracts and Enterprise Bargaining Agreements.

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Intellectual Property Law experience both in terms of advice and relevant licencing structures surrounding Franchising.

Key Successes: •

Successfully advised developers on construction finance, loan default scenarios and other development management related

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Assisted in advising developers in relation to Supreme Court proceedings on equitable rights, constructive trust with quantum

contract matters. for damages in excess of $20,000,000. • •

Negotiated Sublease between two multinationals with a value of $8,000,000 over the life of the contract. Successfully advised international children’s book publisher on copyright, moral rights and intellectual property risk management as well as comparative analysis on conflicting manuscripts for authors.

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Successfully advised and structured well known Australian Not-For-Profit entities on how to retain PBI/DGR status whilst operating for profit entities that generate income.

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Appeared at the District Court for construction law related disputes.

Thank you

Company Address Address: 6/1 Pioneer Ave, Tuggerah Business Park NSW 2259 Mail: PO Box 5266, Chittaway Bay NSW 2261 DX: 20764 Tuggerah

Phone & Fax Phone: 1300 965 689 or (02) 4305 3500 Fax: (02) 4305 3511

Online www.prioritylawyers.com.au Email: [email protected]