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McCullough Robertson

Work +61 7 3233 8888
Fax +61 7 3229 9949

Damien Clarke

Work +61 7 3233 8951
McCullough Robertson

Work Department

Energy and Resources




Damien is a corporate and commercial law expert with a focus on the mining and resources sector.  He acts for public and private clients in unregulated mergers and acquisitions, joint venture arrangements, resources law, taxation, stamp duty, foreign investment regulations, and business and commercial structuring.

Damien is known for having designed and implemented many of the more sophisticated structures for asset development and ownership and infrastructure sharing within the resources industry.

He has structured, negotiated and drafted more than 30 joint venture and infrastructure sharing arrangements

Over the years, he has advised on the structures for, and established, many joint ventures, partnerships, and corporations and his clients span the mining, base metals, energy and financial investment industries. 

His tax expertise is built on extensive experience with a solid grounding in general commercial law.  Damien has the skills to identify commercial and revenue issues relating to a particular client or transaction and design and implement cost effective solutions to those issues.

Damien holds dual leadership roles within the firm as one of five practice leaders and has led the Resources Group for more than 20 years.  


Queensland Law Society


Bachelor of Laws (Hons) - Queensland University of Technology
Graduate Diploma - Legal Practice Course

Accredited Specialist (Business Law) – Qld


Corporate and M&A

Within: Corporate and M&A

McCullough Robertson’s practice, headed by Damien Clarke, maintains its strong presence in Queensland but has significantly sharpened the profile of its Sydney offering, where Adrian Smith increasingly attracts cross-border work, frequently referred form overseas firms. In a recent cross-border matter Smith advised the majority shareholders on the sale of Krispy Kreme Australia and New Zealand to its US licensor, Krispy Kreme Doughnut. The Sydney team has been further bolstered by now-defunct firm Henry Davis York’s former practice co-head Ben Mortimer and his team. Advising small to mid-cap public and private transactions in the resources, technology, media and agribusiness sectors are the team’s strengths, but the 14-partner practice increasingly acts for financial services clients. In a recent example, Mortimer assisted Westpac with its further investment in fintech mortgage broking company Uno Home Loans. Reece Walker and Jim Peterson advised Viralytics on its acquisition by Merck & Co, a transaction that represents the greatest sum ever offered for a local drug developer in the history of Australian biotech.

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Natural resources (transactions and regulatory)

Within: Natural resources (transactions and regulatory)

McCullough Robertson has a strong track record of coal-sector work, but increasingly attracts base metal matters and is one of the few firms advising on uranium mining issues. Practice head Damien Clarke assisted Malabar Coal with its acquisition of Anglo American’s 88.17% interest in the Drayton thermal coal mine and Drayton South project as well as the acquisition of the remaining 11.83% interest from minority shareholders. Louise Horrocks assisted Bounty Mining with the purchase of the Cook Colliery coal mine and mining assets from the liquidator, involving secured creditors issues. Whitehaven Coal instructed the team on its purchase of the remaining 30% stake in its Boggabri mine in New South Wales. The 22-partner practice also includes Jim Peterson, Derek Pocock and John Kettle, and can draw on the firm’s strong workplace health and safety (WHS) and dispute resolution capabilities in the sector.

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Within: Tax

McCullough Robertson handles tax auditions, settlement negotiations, restructures, transactions as well as debt and equity fundraisings. Mining and resources sector expert Damien Clarke advised Malabar Coal on its acquisition of the Drayton and Drayton South assets from their joint venture owners. Duncan Bedford is another name to note and specialises in business structuring and taxation; he assisted Viralytics with its acquisition by Merck Sharp & Dohme. Brisbane-based practice head Hayden Bentley focuses on corporate taxation. Mark West departed to set up his own firm.

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