Current practice

Jim Theodore is a partner in the Projects group of the Sydney office of Freehills. He also spends considerable time in the Melbourne office.

Jim has worked in all areas of corporate law but has for several years concentrated on private infrastructure investment and development transactions specialising in public services, transport, health, water, public utilities, telecommunications, and other social infrastructure including IT Projects. In particular, he has expertise in major construction/infrastructure works including complex project financed build own operate and transfer projects.

Jim has extensive experience in outsourcing contracts, particularly government outsourcing and major business restructuring. In addition, Jim continues to be involved in large scale design, construction and financing of commercial property developments. As part of this work, Jim deals regularly with Project Agreements, Concession Deeds, Engineering Procurement and Construction Management Contracts as well as downstream operation and maintenance agreements. In recent times he has advised in the negotiation of government agreements and concession granting deeds for a wide range of social and economic infrastructure.

Industry experience

Transport

• Acting for Transurban Limited as lead advisor for Melbourne City Link $1.5 billion tollroad (1994-2001) (from bid to contract and financial close and ongoing), Transurban M2 take-over contract issues (2005-2006), Transurban USA transactions (2007-present).
• Acting for ABN AMRO bidding consortium Lane Cove Tunnel tollroad (2002-2004).
• Acting for financiers to Transfield / Bouygues bidding consortium Western Sydney Orbital tollroad (2004-2005).
• Acting for TSL bidding consortium North West Parkway Toll Road Colorado (2005-2007).
• Acting for Transurban USA Inc bidding for Pennsylvania Turnpike tollroad bid 2007-2008 (Liberty Roads).
• Acting for United Group / Macquarie Bank consortium for NSW Rail Corporation $2.5B PPP (2005-2007).
• Acting for Connex, Veolia, Austom as lead advisor to Melbourne Metropolitan Passenger Rail Privatisation (1999-2008).
• Acting for Merrill Lynch, Babcock & Brown, TSL bidding consortium for Cross City Tunnel (2007).

Social PPPs (Health, Prisons, Schools)

• Acting for winning $1.5 billion PPP consortium Lend Lease / Babcock & Brown, Royal Children’s Hospital Victorian PPP (2007-2008).
• Acting for Lend Lease in Babcock & Brown Royal North Shore Hospital PPP Project (2007).
• Acting as lead counsel for Babcock & Brown Multiplex successful bid for Long Bay Prison Hospital Project (2006-2007).
• Acting for ABN AMRO Schools 1, Social PPP sale to IFM and Management and documentation (2006-ongoing).

Water

• Acting for ABN AMRO, Wyuna Water, Veolia Water Treatment Plant Financing and ongoing documentation (2003-2005).
• Advise to Wyuna Water 2005 – present.
• Acting for Worley Parsons Barwon Water treatment bid Victoria (2006).
• Acting for Beehtel / BFB Colliban water treatment bid – Victoria (2001-2002).

Defence

• Acting for Commonwealth in relation to Defence procurements of Jindalee Operational Radar Network (JORN) and CI Defence Satellite.
• Acting for KBR / successful consortium Air 9000 Defence Project.

Power

• Acting for sponsor bidder Transfield Services Limited in its successful bid and design, construct, operate and finance 350MW SWIS I Peaking Power Plant (2005-2007).
• Acting for TSL / Wesfarmers Collie base load (SWIS) bid to Western Power (WA) (2006).
• Acting for sponsor owner of 5 greenfields 400MW gas fired power projects (2007-ongoing).
• Acting for sponsor, owner Victorian Hospital Cogeneration Power Project (1995-1997).

General Infrastructure / Social PPPs

• Acting for ABN AMRO, ownership, procurement, financing, design and construction of Brisbane Square Brisbane City Council HQ Project (2005-2007).
• Acting for Santos Gladestone LNG Project Queensland (2007-ongoing).
• Acting for ABN AMRO bond holder restructure and renegotiation of Brisbane Airtrain Project (2005-2006).
• Acting for AGL PNG pipeline project work procurement, design and construction pipeline, compressors off-shore construction Queensland (2006-2007).

Major projects
In Australia, Jim has earned a reputation in infrastructure projects including the Victorian Rail State passenger privatisation, the Melbourne AUS$2 Billion City Link Electronic Toll Road Project, advising the ERG Group with international Smartcard transit fare collection systems for city transport projects in Melbourne, Sydney, Brisbane, Canberra, Manchester (UK), Rome (Italy), San Francisco (US) and other ERG Group (Motorola Alliance) projects worldwide.

Jim is also experienced in drafting, managing and negotiating through the various stages of major tender procurement processes.

Major clients
Jim's clients include Transurban, Transfield Services Limited, CGEA Veolia - France (infrastructure divisions), Connex, Alstom Australia and France, United Group, ERG Limited, OneLink Transit Systems, Lend Lease (Bovis) and Santos. Jim also works with intermediaries and corporate advisers, Macquarie Bank, ABN AMRO and Babcock & Brown. 

Professional background

Jim is a member of the International Bar Association including specialist international construction law and aeronautical law and the Law Council of Australia. He often presents papers and seminars on the topic of works contracts, infrastructure projects and outsourcing and is recognised as a specialist in this field.

Jim graduated from Melbourne University with a combined Law and Commerce degree and joined Freehills in 1987. He holds formal qualifications in the Greek language.