John specialises in:
- major commercial transactions in the energy and resources sector (including mergers and acquisitions, joint ventures, infrastructure contracts and pit to port developments); and
- competition law (including third party access and economic regulation, and competition and consumer law).
Examples of John's recent relevant experience include:
Energy & Resources
- Mergers and acquisitions – sales by Rio Tinto of the Clermont and Blair Athol coal mines, sales by First Reserve of its interests in AMCI's Australian coal assets, the Belvedere coal joint venture, the Australian Premium Iron joint venture and Whitehaven Coal Mining Limited, and acquisition of its interest in Calibre Group and subsequent IPO; acquisitions by Central Petroleum of 50 per cent of Santos' Mereenie project and Magellan's Palm Valley and Dingo projects.
- Joint ventures – advising AMCI, Mitsui Coal Holdings, Rio Tinto, Central Petroleum and Wilmar Gavilon on joint venture issues and negotiation of Rio Tinto's proposed strategic alliance with Chinalco and proposed Pilbara iron ore joint venture with BHP Billiton.
- Rail and port – negotiation of rail haulage and rail access agreements (Glencore, Rio Tinto), port user agreements (Rio Tinto), capacity trading and transfer arrangements (Rio Tinto, Yancoal), bulk sugar terminal leasing and storage and handling arrangements (Queensland Sugar), feasibility and study funding arrangements (Rio Tinto), and bid for rail operator services for Galilee rail line (confidential client) and advice on terminal operations and regulations (Dalrymple Bay Coal Terminal).
- Pit to port and other resources projects – advising on development of infrastructure contracts and/or access arrangements for the Wandoan/Surat Basin Rail projects (Glencore), West Pilbara Iron Ore project (AMCI), Simandou iron ore project in Guinea (Rio Tinto) Moatize to Macuse project in Mozambique (Italian-Thai Development plc) and Oakajee rail and port project (West Australian government), and advising on development of the Oyu Tolgoi (Rio Tinto) and Wafi-Golpu (Newcrest/Harmony) projects.
Competition, access and economic regulation
- Competition law – advising clients including Queensland Sugar Limited, Rio Tinto, Glencore, Energex, Ergon Energy, QIC, Central Petroleum, SunWater, Coal Reuse and Transpacific on a wide variety of competition law issues including merger clearances, exclusive dealing, notifications, authorisations, ACCC investigations, government inquiries and taskforces on competition issues, industry codes of conduct, the Australian Consumer Law and providing compliance training.
- Access regulation – advising on the Dalrymple Bay Coal Terminal differential pricing and ringfencing amendments and 2015 draft access undertaking (DBCT User Group), Aurizon Network's 2014 draft access undertaking (Glencore), Queensland Rail's 2015 draft access undertaking (Glencore, New Hope, Yancoal), the Port Terminal Access (Bulk Wheat) Code of Conduct (Wilmar Gavilon), regulation of the Dawson Valley pipeline under the national gas laws (WestSide) and advising on the current and previous Aurizon Network access undertakings (Queensland Competition Authority).
- Economic regulation – advising SunWater on the ACCC's review of Murray-Darling basin water charges rules and advising the NSW government on submissions to the AER in relation to pricing aspects of decisions regarding electricity network businesses.
John is recommended in the Energy and Resources section of Doyle's Guide to the Australian Legal Profession, a member of the Queensland committee of the Australian Mining and Petroleum Law Association and the Queensland Resources Council's Exploration and Tenure working group, and the author of the Resources Joint Ventures chapter of Joint Ventures Law in Australia (2012, 3rd edition).
He is also a member of the Law Council of Australia's Competition and Consumer Law Committee and the editor of the 'Access to Services' section of the Australian Journal of Competition and Consumer Law.
John efficiently manages matters (big and small) to provide cost-effective results for his clients, combining techniques learned from both his experience in major transactions and formal legal project management training.
Areas of Expertise
Recent News & Publications
- Focus - 1 June 2016
- Focus - 27 April 2016