Toby Mittelman

Toby has over 15 years’ experience working with public and private sector clients on procurement, construction and infrastructure projects, across a variety of industry sectors including defence, health, transport and social infrastructure.

Toby regularly advises Commonwealth, State and Local Government clients on on all stages of procurement processes for major projects, including development of procurement strategies and contracting models, interactive tender processes (including market sounding, offer definition and improvement and risk mitigation activities), risk allocation and liability risk assessments, performance management frameworks, intellectual property and probity matters.

Toby is recognised in Best Lawyers™ Australia for Government and the IFLR 1000 as a Notable Practitioner for Infrastructure Development. He is valued by clients for his pragmatic and commercial approach.


Toby’s experience includes advising:

  • Department of Defence, Capability Acquisition and Sustainment Group in regards to providing commercial, legal and probity advice to the Department of Defence on many major acquisition and sustainment projects, including LAND 400 (Land Combat Vehicle System), LAND 121 Phase 4 (Hawkei Protected Mobility Vehicle – Light) and LAND 19/7B (Ground Based Missile Air Defence) and AIR 5428 Pilot Training System. Toby has also assisted Defence with complex intellectual property issues, recovery of liquidated damages, schedule re-baselining, subcontracting and supply chain issues, warranty claims, assessing extension of time claims and variation claims, and resolving technical issues with capability;
  • Victoria Police, as lead adviser, to the Aviation Capability Project for the replacement of the VicPol helicopter fleet and introduction for the first time of a fixed wing aircraft. This included advising in relation to all stages of the procurement including the contracting structure, procurement framework, liability risk assessment, performance based contracting framework, insurance, acceptance processes, transition and phase-in;
  • Department of Environment, Land Water and Planning, as lead adviser, to the Radio Replacement Project for the replacement of mobile and portable emergency radios including acquisition, support and upgrades, and for the establishment of an engineering services panel;
  • City of Melbourne in relation to a range of development and construction projects, including the Queen Victoria Market Redevelopment, the Docklands Library and Docklands Boating Hub; and
  • Various government authorities, infrastructure owners, contractors and financiers in relation to the development, delivery, operation and maintenance of major infrastructure projects in industry sectors including defence, transport, health and other social infrastructure.

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