Natural resources (transactions and regulatory) in Australia

Ashurst’s practice supports clients in the natural resources sector throughout the project value chain, focusing predominantly on the mining industry. Alongside its strong transactional and regulatory work, the firm handles litigation arising in the sector, including various fore majeure and frustration claims brought following disruption caused by COVID-19. Gaelan Cooney leads the practice from Perth, focusing primarily on assisting lenders and borrowers with financing transactions, including project finance, acquisition finance and asset finance.  Antonella Pacitti (Perth) has an exceptional transactional practice, having led on several of the largest M&A deals in 2020, including Galaxy Resources $4bn merger with Orocobre Limited. Associate Marina Tinning is also a core member of the group. Lorenzo Pacitti departed to King & Wood Mallesons in October 2021.

With its main offices in Brisbane and Perth, Corrs Chambers Westgarth primarily advises clients on corporate transactions and regulatory matters in the mining sector. Brisbane partner Michael MacGinley has considerable strength in mining, oil and gas, utilities and renewable transactions and project development. In Perth, Peter Jarosek stands out for his expertise in multibillion-dollar oil & gas and mining ventures. Vaughan Mills focuses on natural resources and infrastructure projects, particularly in Papua New Guinea where he is a qualified lawyer. Anthony Arrow joined the firm from Pinsent Masons LLP in July 2020, followed by Tracey Greenaway (Perth) who joined from Allens and Anthony Lepere (Melbourne) who joined from Shearman & Sterling LLP in January 2022.

DLA Piper handles a high volume of inbound and outbound investments in the energy and natural resources sector, leveraging its global network of offices. Practice head Alex Jones  (Perth) specialises in the acquisition, development and operation of major mining and infrastructure projects; in addition, he assists clients with business-critical commercial agreements. In Sydney, Alex Regan frequently advises clients on financing transactions facilitating major projects, including acquisition, leveraged and project finance. In Perth, James Nicholls provides core transactional support to clients, including M&A, IPOs, and fundraising.

Johnson Winter & Slattery’s team is highly active in the mining sector, advising minerals producers and explorers on project development, capital raising, acquisitions and divestments, joint ventures and various related matters. Jee-Seon Lee has over 20 years of experience in the field, focusing on mining construction and procurement matters, which she handles alongside various upstream and downstream oil and gas projects. Bruce Adkins in Brisbane is often instructed to advise clients on negotiating and documenting new resources and infrastructure joint ventures; he is also well-versed to act on the sale and purchase of mining and energy assets. Stuart Clague  (Perth) and Andrew Wilton  (Adelaide) are also core members of the firm’s mining and projects group.

Norton Rose Fulbright’s team, divided between Perth and Brisbane, provides full life cycle advice to mining clients, encompassing financing, procurement, supply issues and corporate restructuring/rehabilitation. Brisbane partner Keira Brennan supports natural resources clients dealing with strategic issues and operational requirements, including negotiations before regulators. She is also well-versed to assist clients with M&A and contractual disputes. Jake Howard, based in Perth, primarily advises mining companies in relation to project finance, trade, and structured commodity finance. Gavin Scott  (Brisbane) handles the development of mining and natural resources projects, providing cohesive transactional, regulatory, and contentious advice to clients.

Piper Alderman’s natural resources team focuses primarily on the corporate and commercial aspects of mining projects throughout Australia, including gold, uranium, coal, and phosphate ventures. It also has a niche in supporting quarrying companies extracting aggregates and sands across Australia, providing the raw materials required for construction projects. Ashley Watson, who is based in Adelaide, has a wealth of experience in gold exploration and mining projects, in which he tends to provide advice on tenements, land access, infrastructure, production and all downstream activities. Fellow Adelaide partner Sarah Clarke specialises in M&A and capital raising; she is also experienced in metals marketing and sales. Brisbane partner Josh Steele advises clients on business and asset acquisitions, capital raisings, joint ventures and operational issues.

Clifford Chance specialises in natural resources transactions and disputes. The firm also has notable experience in niche areas, including politically sensitive energy and resources projects and commodity trading. Nadia Kalic handles numerous corporate transactions, including major acquisitions in the energy sector. On the contentious side, Sam Luttrell is the standout partner, specialising in investor-state disputes regarding natural resources ventures. Associate Philip Sealey also deserves mention given his strong credentials in project financing. Amanda Murphy stands out for her work in relation to public law challenges in the energy and natural resources field.

Based in Perth, Hogan Lovells’ team is well known for assisting global companies investing in the Australian mining and natural resources market. Matthew Johnson, who is the global head of mining, specialises in M&A and securities law. Paul Shillington, who joined the firm from MinterEllison in May 2020, stands out due to his reputation in joint ventures, project governance, risk management, procurement, and dispute resolution. Associate Michael Brady is also recommended.

Headquartered in Brisbane, Jones Day advises government bodies, major oil companies, developers and financial institutions in connection with M&A, financing transactions, foreign investment laws and commercial agreements, particularly in the mining and oil and gas sectors. Andrew Smith (Brisbane) focuses primarily on downstream issues, project financing, acquisitions, and disposals, primarily in the context of coal, oil and gas and electricity projects. Tony Wassaf (Sydney) is very invested in the mining industry, having advised numerous clients on legislative and policy issues, joint ventures and corporate transactions.

Squire Patton Boggs covers the entire value chain in the energy and natural resources sector, providing support in relation to the transactional and regulatory aspects of mining, energy and utilities projects. Recently, the team has focused on advising companies on supply chain issues and changes to the foreign investment rules. Simon Adams handles corporate and commercial matters, including the competition aspects of M&A transactions. Caroline Brown is a go-to lawyer for energy and natural resources clients engaged in disputes before the Supreme and Federal Courts; she also advises clients regarding arbitration and mediation.

White & Case‘s practice is led by seasoned lawyers Andrew Clark, Brendan Quinn and John Tivey and provides ‘great industry knowledge and experience‘. Its expertise covers mining, metals (including gold and copper) and oil and gas. Its global coverage is notable; in addition to Australia, its mandates include Asia and beyond (current work is ongoing in Indonesia and the DRC.) Tivney has over 30 years of experience advising on large-scale mining and metals projects while Jared Muller has considerable experience of the preparation and negotiation of project documents including off-take and supply agreements. The natural resources work is combined with the firm’s outstanding reputation for project development, construction and project finance. The team now also includes Christopher Flynn who joined from Gilbert + Tobin.