What are the most significant cases and/or transactions that your legal team has recently been involved in?

As custodians of nationally significant assets, NSW Ports is focused on the long-term sustainability of its port and intermodal assets. Port Botany and Port Kembla are economic assets of national significance, critical to the future economic growth and development of NSW. Against this content, I have been involved in the following cases/transactions: (i)oversight of the implementation of Australia Industrial Energy’s Landmark LNG Import Terminal at Port Kembla which will require a capital investment of circa $250 million; (ii)the $120 million funding of ‘on dock’ rail infrastructure at Patrick’s Terminal at Port Botany. The new rail terminal will ultimately deliver one million TEU capacity. When fully operational this investment will reduce truck kilometres travelled in Sydney by at least 10 million per year. This will save over two million litres of diesel per year which is the equivalent to a net reduction in CO2 emissions of more than 5,400 tonnes a year.

The successful defence of the ACCC’s action in the Federal Court of Australia for the alleged breach of section 45 of the Competition and Consumer Act 2010, in which the ACCC’s action failed. The matter is currently under appeal to the Full Federal Court by the ACCC.

How do you feel the pandemic has changed the world of work for in-house counsel and the function of the general counsel? 

The in-house counsel role has become more strategic over the course of the Covid-19 pandemic, as we have been required to take part in decision making at the highest level of our organisation. This has required a more proactive approach to risk management to ensure business continuity and employee health and safety. Remote working has been a success with productivity either remaining unchanged or in some instances increased.

Looking forward, what technological advancements do you feel will impact the role of in-house legal teams in the future the most?

The pandemic has highlighted the need for in-house teams ensuring the protocols of their organisations to be in place for the electronic review and execution of agreements and deeds.