Data Centres

• acquisition of development sites and portfolios (asset, share and trust structures), including due diligence
• structuring land access and development rights, including options, rights of first refusal, agreements for lease and leases (ground, construction and operational)
• easements, access rights and transmission arrangements
• planning, zoning and development approvals.

• electricity, water and telecommunications approvals and constraints
• regulatory frameworks impacting data centre development and operation
• data governance, privacy and cross‑border data transfer obligations.

• joint ventures, co‑ownership and alliance structures
• forward funding and alternative delivery models (including BOOT, DBOM and DBFM)
• FIRB approvals and foreign investment in land interests
• tax and stamp duty structuring.

• early works, ECI and design services agreements
• D&C and major project contracting strategies
• construction risk allocation and disputes.

• colocation arrangements
• master services and umbrella agreements
• ongoing asset management and operational structuring.

Acting for a market-leading hyperscale developer and operator on the acquisition and development of high-density, high-redundancy data centres (5,000+ servers) supporting cloud and AI workloads across the eastern seaboard. This has included extensive due diligence and transaction documentation for asset, share and trust acquisitions, with acquisitions exceeding $3 billion.

Acting for a bidder on the proposed acquisition of the Global Switch data centre business as part of a $26 billion transaction, including detailed due diligence and complex transaction documentation.

Advising on land tenure arrangements for Tier IV and iRAP-certified facilities, including:

• leasing Commonwealth airport land in Brisbane, addressing environmental, security and regulatory requirements; and
• a collocated facility within the Townsville Local Disaster Coordination Centre, involving a bespoke leasing structure supporting certification requirements while accommodating dual-use infrastructure.

Advising on a proposed $10 billion data centre hub, including structuring and documenting staged development arrangements, site control via call option, and long-term leasing and development rights for an international operator.

Acting for a Tier 1 contractor on framework agreements, early works, ECI, design and main works contracts for multiple data centre developments.

• legal due diligence of site (including title checks, site constraints, encumbrances, development approval history, zoning, opportunities and constraints analysis)
• state Significant Development (SSD) threshold assessment
• development strategy
• early SOCI Act screening, asset classification assessment, identification of responsible entity and direct interest holders
• national security, data sovereignty and jurisdictional considerations
• probity (where government‑linked land) and stakeholder strategy
• tenure strategy work – including securing land rights under option to lease or agreement for lease, lease documents, easements, tripartite deeds and call option to purchase
• consider National interest framework on data centres and AI infrastructure priority areas including; demonstrating Australian public interest, support and usage of renewable energy, sustainable use of water plan, local employment planning, and support for local research and innovation.

• confirm approval requirements for development strategy adopted, and manage the same (local, state and federal planning and environmental approvals, as well as any connection agreements needed with network owners)
• navigate cultural heritage and native title (including negotiation and preparation of cultural heritage management agreements)
• where necessary, negotiate and prepare community benefit agreements
• navigate any resulting litigation / judicial review
• reliance on priority areas of National interest framework on data centres and AI infrastructure to ensure approval process is prioritised across Governments.

• JV and development agreements, structures for data centre governance and project management
• duty and land tax analysis; investment vehicle structuring for institutional investors
• acquisition financing (SPVs, unit/share deals) and interface with project or structured finance
• FIRB screening and FIRB conditions register and compliance monitoring plan; annual FIRB compliance confirmation process
• SOCI Act risk allocation in transaction documents
• agreements allocating costs for power upgrades, substations, fibre and shared infrastructure
• duty and GST opinion on colocation agreement structure; land tax grouping and exemption analysis.

• grid connection strategy, augmentation risk and cost allocation
• battery storage integration
• renewable energy procurement, PPAs and green rights agreements
• water supply, cooling systems and backup generation arrangements
• easements, service corridors and access rights Connection agreements, load increase and network access regulatory regimes.

• early works, ECI, D&C, EPC, GMP and cooperative contracting strategies
• building licensing, permitting, code compliance and certification advice
• interface risk between landowners, developers, contractors, consultants, suppliers and operators
• supply chain and equipment procurement
• project delivery and dispute resolution strategy and advice including SOP
• WHS and employment compliance.

• initial SOCI Register submission (operational information / interest and control information); standing notifiable event monitoring protocol with 30-day update procedure
• SOCI Act compliance frameworks and cybersecurity risk management programs
• CIRMP (all-hazards written programme with governance, risk methodology, interdependency mapping, and defined review triggers); annual CIRMP report approved by the governing body
• ongoing regulatory reporting for critical infrastructure assets
• cyber framework compliance plan (identifying chosen framework, maturity/controls mapping, evidence file, and 12-month deadline tracker); Essential Eight uplift plan (if using ASD framework)
• ground leases, development leases and expansion rights
• colocation/rack space sublease and hyperscale customer agreements
• asset management and maintenance
• dispute pathways for outages, access and performance
• post‑completion disputes and claims management
• environmental compliance and enforcement work.

• decommissioning and demolition works new or modified development consent
• notification the Department of Home Affairs of asset cessation and update the Register of Critical Infrastructure Assets; prepare a SOCI deregistration notice and cessation record
• document formal cessation of CIRMP obligations and, where applicable, seek revocation of SoNS enhanced cyber security obligations; prepare a CIRMP cessation memorandum
• review all leases and tenure documents to identify and discharge make-good and reinstatement obligations
• initiate formal grid disconnection, terminate or novate energy supply contracts, and comply with NER settlement obligations; prepare disconnection notices and contract termination deeds.