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Jones Day

CENTRAL PARK BUILDING, LEVEL 51, 152-158 ST, GEORGES TERRACE, PERTH WA 6000, AUSTRALIA
Tel:
Work +61 8 6214 5700
Fax:
Fax +61 8 6214 5799
Email:
Web:
www.jonesday.com

Australia

Competition and trade
Competition and trade - ranked: tier 4

Jones Day

Prudence Smith heads the team at Jones Day following Nick Taylor's departure to take up a role in-house. The group is experienced in acting on merger clearances and Smith is representing Racing Victoria in the ACCC assessment of TabCorp's acquisition of The Tatts Group. Smith has also made submissions to the Australian Competition Tribunal on behalf of AusNet Services, seeking a review of a decision made by the Australian Energy Regulator. The team acts for both corporate and government clients and is adept at handling misuse of market power investigations.

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Construction
Construction - ranked: tier 4

Jones Day

Jones Day frequently advises on the construction aspects of large energy and resources projects, particularly in relation to back-end issues. Non-contentious advice included acting for Lendlease on its project with Crown Resorts and the Barangaroo Delivery Authority regarding the multibillion-dollar hotel resort complex at Barangaroo South. Lendlease Singapore, as construction contractor, instructed the team on the Paya Lebar Central project in Singapore, a mixed-use urban development site. John Cooper and Simon Bellas jointly head the eight-partner team, which includes the well-regarded Paul Riethmuller. Bill Napier left to join the Australian Government Solicitor as general counsel.

Leading individuals

John Cooper - Jones Day

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Corporate and M&A
Corporate and M&A - ranked: tier 6

Jones Day

Jones Day fields a nine-partner team that includes Chris Ahern, Mark Crean, Matthew Latham and Brett Heading. It has been bolstered by the arrival of Courtney Dixon and Hemang Shah, who both joined as of counsel from Herbert Smith Freehills; Michael Lishman, who joined from Gresham Advisory Partners; and Isaac West from McCullough Robertson. The firm also relocated Darren Murphy from Singapore to add capacity to its new Melbourne office. The growing team can draw on the firm’s strong global practice, and recent cross-border work includes advising Lennox International on the $110m sale of its refrigeration businesses in Australia, New Zealand and Asia to Beijer Ref. Pepper Group instructed the team on its £367m acquisition by KKR Credit Advisors, KKR’s first successful takeover of an Australia-listed target.

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Dispute resolution
Dispute resolution - ranked: tier 2

Jones Day

Key names to note in Jones Day's practice are John Emmerig, Simon Bellas and John Cooper. Class actions, high-value insolvencies and disputes for high-profile corporates are focus areas: Emmerig continues to defend Sanofi and Bristol-Myers Squibb in a significant test case by the Australian government, which is claiming compensation for the impact resulting from originator drug companies allegedly preventing market entry of generic manufacturers. He also represents IBM in litigation against the Australian government regarding the failure of the Australian census website on census day. The team has been strengthened by Lucas Wilk from Ashurst, who specialises in insolvency litigation. Jennifer Chambers, Kenneth Hickman and Prudence Smith have all been promoted to partner.

Leading individuals

John Emmerig - Jones Day

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Energy (transactions and regulatory)
Energy (transactions and regulatory) - ranked: tier 4

Jones Day

Jones Day’s eight-partner team led by Andrew Smith capitalises on its global reach, assisting Tonen General Sekiyu, Japan’s third-largest oil refiner, with the oil and gas aspects of its $4.3bn merger with JX Nippon Oil & Energy, a matter that involved offices in Australia, the US, Japan and Singapore. The team also advised Japanese Suntory Holdings on its joint venture with Anellotech, a renewable chemicals and fuels company; both matters were led by Darren Murphy, who relocated from the firm’s Singapore office in order to boost the new Melbourne presence, and who ‘finds solutions and proactively drives outcomes in complex transactions that involve a need to prioritise headline issues'. Of counsel Tony Wassaf provides ‘practical and commercial legal advice and is very responsive to pressing legal matters’.

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Intellectual property
Intellectual property - ranked: tier 3

Jones Day

Anthony Muratore and Lisa Taliadoros jointly head Jones Day's group and continue to represent Merck in proceedings arising from an allegation by Gilead Sciences that the client’s patent for compounds used in the treatment of HCV infection is invalid, as well as Merck’s counter-claim of patent infringement against Gilead. The team also acted for Bradken and Bradken Resources in proceedings in the Federal Court of Australia concerning patents owned by CQMS relating to ground engaging tools.

Leading individuals

Anthony Muratore - Jones Day

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Labour and employment
Labour and employment - ranked: tier 4

Jones Day

Jones Day handles the full spectrum of employment issues spanning employment agreements and policies, transfer issues, employee entitlements, terminations, redundancy programmes, transactional support, post-employment restraints and disputes. Adam Salter is the key name to note and leads the department from the Sydney office; he recently assisted Coronado Coal with the employment aspects of its acquisition of a unionised coal mine from Wesfarmers, advised Heatcraft Australia on the employment elements of the sale of its Australian, New Zealand and Asian refrigeration business to Beijer Ref, and is handling transfer and termination of employment issues for the administrators of Topshop following its liquidation. Other key clients include Cardinal Health, Chevron, McDonald's, The Boeing Company and Cylance.

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Natural resources (transactions and regulatory)
Natural resources (transactions and regulatory) - ranked: tier 4

Jones Day

Jones Day’s ‘fantastic team’ has ‘the right mix of legal expertise and business savvy’ and is ‘thorough, but not over-the-top’. It advised Coronado Coal on its acquisition of the Curragh coal mine in Queensland from Wesfarmers, and acted for the same client on its proposed $2bn acquisition of the Hail Creek and Kestrel coal mines from Rio Tinto. Wanguo International Mining Group instructed the team on the share sale and purchase agreement for shares in AXF Gold Ridge. Practice head Andrew Smith has ‘a very good understanding of the Australian coal industry’ and is ‘not afraid to roll up his sleeves and get involved in the details’; the eight-partner practice includes Darren Murphy and of counsel Tony Wassaf.

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Project development
Leading individuals

John Cooper - Jones Day

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Restructuring and insolvency
Restructuring and insolvency - ranked: tier 4

Jones Day

Key names in Jones Day's 'brilliant' team, which handles financial restructurings, receiverships, administrations and liquidations, include group head Roger Dobson, Katie Higgins and litigator Tim L’Estrange. Dobson's recent work includes acting for Lehman Brothers Holdings on the restructure and sale of its claims in the liquidation of Lehman Brothers Australia, and represented the bankrupt trustee of PaperLinX in claims made against group members. Higgins assisted the administrators of Topshop with all elements of its administration and liquidation including the sale of various assets to Arcadia Brands, and L'Estrange worked with Dobson representing the Insurance Commission of Western Australia and the Western Australia State Solicitors Office in litigation relating to the liquidation of the Bell Group of companies. Lucas Wilk is the key name in Perth.

Leading individuals

Roger Dobson - Jones Day

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Further information on Jones Day

Please choose from this list to view details of what we say about Jones Day in other jurisdictions.

United Arab Emirates

Offices in Dubai

Australia

Offices in Sydney, Perth, Brisbane, and Melbourne

Belgium

Offices in Brussels

China

Offices in Shanghai and Beijing

Germany

Offices in Frankfurt, Munich, and Dusseldorf

Spain

Offices in Madrid

France

Offices in Paris

Hong Kong

Offices in Hong Kong

Indonesia

Latin America: International firms

India

Italy

Offices in Milan

Japan

Offices in Tokyo

London

Offices in London

Mexico

Offices in Mexico City

Netherlands

Offices in Amsterdam

Philippines

Singapore

Offices in Singapore

Saudi Arabia

Offices in Riyadh, Al-Khobar, and Jeddah

Taiwan

Offices in Taipei

United States

Offices in San Francisco, Houston, Washington DC, Pittsburgh, New York, Irvine, Dallas, Columbus, Cleveland, Chicago, Atlanta, Los Angeles, San Diego, Palo Alto, Boston, Miami, Minneapolis, and Detroit

Legal Developments by:
Jones Day

  • US rules regarding offshore accounts

    The Hiring Incentives to Restore Employment Act 2010, enacted on 18 March 2010, imposes a new US withholding tax and reporting regime, known as the Foreign Account Tax Compliance Act (FATCA). The FATCA regime applies generally to payments made after 31 December 2012, except on obligations (to be defined in future guidance) outstanding on 18 March 2012. Substantial effort is required by foreign entities to bring their worldwide operations and policies into compliance with the FATCA rules as of the effective date.

    - Jones Day

Legal Developments worldwide

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • CommuniquĂ© on Equity Crowdfunding Is Officially Published

    By way of background, in January 2019, the Capital Markets Board (“ CMB ”) had issued an announcement on its website on the Draft CommuniquĂ© on Equity Crowdfunding [1] . The CMB has now officially published the CommuniquĂ© on Crowdfunding No. III-35/A (“ CommuniquĂ© ”), on October 3, 2019. The CommuniquĂ© entered into force as of October 3, 2019.
  • Beneficial Ownership Concept new interpretation from the Russian federal tax service

    The recent interpretative letter issued by the Russian Federal Tax Services (“FTS”) on 08th August 2019, has provided further guidance as to the application of the Beneficial Ownership Concept, further to the letter initially provided on the 12th of April 2018 which adopted a strict approach of the concept. 
  • Cyprus and Netherlands Double Tax Treaty Update

    Cyprus has concluded the negotiations for the avoidance of double taxation with the Netherlands. The double tax treaty was agreed at technocratic level in Hague. It is expected to be signed by the end of 2019 or early in 2020.
  • Vacancy - Senior Corporate Lawyer

    The Senior Corporate Lawyer, who will be reporting to Partners, will be working with both the firm’s legal team as well as the financial services team. The successful candidate will be requested to show initiative, take on certain responsibilities within the firm, work in a multinational environment and will immediately be given the opportunity to further advance their career within the law firm.
  • CJEU RULED ON THE APPLICATION OF THE BENEFICIAL OWNERSHIP CONCEPT

    The judgment of the Court of Justice of the European Union (CJEU) on February 26, 2019, in the “Danish Beneficial Ownership Cases”, can be perceived as a landmark on the interpretation of the Beneficial Ownership concept under the Interest and Royalties Directive (IRD) and the Parent-Subsidiary Directive (PSD).
  • Court of Justice rules on source of income for Derivative Residence applications

    On 2 October 2019, the Court of Justice delivered its judgment in Bajratari v Secretary of State for the Home Department (Directive 2004/38/EC) Case C-93/18 which concerns Chen applications and the source of funds for self-sufficiency. 
  • End of the ‘centre of life test’ in Surinder Singh cases?

    In the recent case of  ZA (Reg 9. EEA Regs; abuse of rights) Afghanistan   [2019] UKUT 281 (IAC ), the Upper Tribunal found that there is no basis in EU law for the centre of life test, as set out in Regulation 9(3)(a) of the Immigration (European Economic Area) Regulations 2016 (the “Regulations”). It further found that it is not to be applied when Judges assess  Surinder Singh  cases that appear before them.
  • ITALIAN RULES ON JOINT VENTURES IN PUBLIC PROCUREMENT AND CONCESSIONS

    Italian rules on jointventures concerning public procurement and concession contracts are set out inlight of the European legal framework provided for in Directive 2014/23/EU and 2014/24/EU of the European Parliament and of the Council. The European rules aim to ensurethe best use of public money so that EU citizens benefit from strategicinvestments and services at fair prices. In this context, public procurementand concessions represent key instruments that need to be regulated and standardisedin order to ensure free movement of goods, freedom of establishment and freedomto provide services.
  • Terms of employment as a sole representative

    In this article we examine the working arrangements of sole representatives, looking at the terms and conditions of employment that the Home Office will expect a sole representative to have in order to qualify as a representative of an overseas business.  
  • Can Sole Representatives Be Shareholders?

    The Immigration Rules require that an applicant for a  sole representative visa  is not “a  majority shareholder in the overseas business”.