Tony Rutherford

Partner – Melbourne
Holding Redlich

Presentation Topic

What contracts are required to develop and operate an SDA property under the NDIS

The successful developing and operation of any SDA project requires a strong understanding of:

  • the pros and cons of different corporate, construction and operating structures;
  • the contracts required under various SDA operating models;
  • key areas of risk and approaches to allocating and mitigating risk;
  • the requirements of financiers; and
  • compliance with federal and state legal requirements.

I will guide you through the various contract structures and give you the benefit of my experience advising financiers, developers, builders, SDA providers and SIL providers in the successful development of SDA projects across Australia.  This includes how to avoid some of the pitfalls in the development of SDA. 


Tony Rutherford is a Partner in the Projects and Infrastructure group at Holding Redlich, a large commercial law firm.  He has advised financiers, governments, developers and sponsors and contractors on large and complex infrastructure (including power, water, renewable energy, mining, rail and road) and housing projects in Australia, Asia, US, Middle East and Africa.  His recent projects include the New Footscray Hospital PPP, Victorian Public Housing Renewal Program PPP, Social Housing Growth Fund and the University of Tasmania Student Accommodation PPP.

Tony also advises a large number of financiers, developers, SDA providers and SIL providers in relation to the development and operation of SDA projects.  To date, he has advised on more SDA projects than any other lawyer in Australia and is extremely familiar with the key risks and different approaches taken during the development of SDA projects.  He is also familiar with the legislative regimes applicable in each State and Territory.  He has also litigated on behalf of NDIS participants before the Administrative Appeals Tribunal.​

Tony also has lived experience of disability.  His son, Connor, suffered a brain injury at the age of one and his family went through the process of finding suitable housing for Connor.

Tony holds an LL.M from Duke University in the United States, an LL.B (Hons) from the University of Sydney and an B.L.Arch (Hons) from the University of NSW.  He is admitted as a lawyer in New York and Victoria.

Tony Rutherford | Partner
Holding Redlich

Level 8, 555 Bourke Street, Melbourne, Victoria, 3000 Australia
Tel: 03 9321 9999

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