Asialaw Profiles
The Guide to the legal markets of the Asia-Pacific

Allens Arthur Robinson’s banking and finance team is “still a pillar to project financing in the Australian market”, says a client. The firm once again retains its standing as a top tier banking and finance firm, drawing praise from clients for its “ability to prioritise legal issues and achieving innovative results.”

Partner Philip Cornwell’s “ability to prioritise the legal issues and achieve innovative results is second to none”, and he is one of many “superstars at Allens Arthur Robinson”, says a client.

One of the highlights in the past year was advising Origin on US$5.4 billion of bridge and syndicated term facilities. This funding was used in the acquisition of the Integral Energy and Country Energy retail businesses from NSW state owned energy network businesses, as well as the entry into GenTrader arrangements with Eraring Energy for general corporate purposes of the Origin group.

One of the premier law firms in Australia, Allens Arthur Robinson’s corporate M&A offering in Sydney, Melbourne and Brisbane “is particularly strong”, says one competitor.

Led by John Greig and Chelsey Drake, the M&A team this year advised the State of Queensland on the divestment of the X50 Abbot Point Coal Terminal, which is Queensland’s northern-most coal terminal. This divestment is the final part of the state’s ‘Renewing Queensland’ plan.

This deal was valued at US$2 billion for a 99 year lease of the Terminal to Mundra Port, with the proceeds to be directed towards Queensland’s natural disaster recovery. Mundra Port is the Australian subsidiary of Mundra Port & Special Economic Zone, which develops and now manages the largest privately developed port in India.

“As well as legal and technical excellence, the firm’s knowledge of construction law is undisputed,” says one client of Allens Arthur Robinson. “The people at Allens are always able to give us the advice that we need.”

Partner Emma Warren is “one of the best in Australia”, says a rival partner. With plenty of experience on infrastructure and project work, Warren is referred to as “an expert in PPP work” by clients.

The firm advised Q Port Holdings, a consortium comprising four of the largest infrastructure investors in the world, on its US$2.48 billion successful bid for the 99 year lease of the Port of Brisbane.

Another highlight was advising mining company Rio Tinto on its US$1.9 billion cash tender offer of US bonds, and subsequent issue of US$2 billion fixed rate notes in three series.

Allens Arthur Robinson has established itself as “one of the leading practices in commercial litigation and dispute resolution in Australia”, says a rival partner. The firm once again had another strong year and was involved in some of the highest profile cases.

For example, it advised News Limited in the Supreme Court against Publishing and Broadcasting Limited in a case that has now exceeded US$250 million. This is the largest and most complex piece of litigation currently before a Court in New South Wales.

Allens also advised Financial Wisdom in litigation brought by renowned Australian artist Ken Done. The dispute involved the financial planning subsidiary of Commonwealth Bank of Australia, among other parties, and related to mismanagement of an investment portfolio.

Allens Arthur Robinson’s team is made up of specialists ranging from various sectors within the energy and natural resources sector. They offer clients “a high quality service, a broad range of corporate work, capable staff and experienced partners”, says a client.

Leading the team is John Greig, who is “a very experienced lawyer in relation to the electricity and gas industries”, says a rival partner.

Allens advised Origin on a US$5.4 billion bridge and syndicated term facility to fund the acquisition of the Integral Energy and Country Energy retail businesses from the NSW state-owned energy network businesses.

Allens Arthur Robinson once again had another strong year in IP. The national firm advised sanofi-aventis in response to Apotex applying to the Federal Court of Australia for revocation of a sanofi-aventis patent in respect of its drug Plavix. The team helped the client cross claim for infringement and applied for an interlocutory injunction restraining Apotex from launching its generic version of clopidogrel.

Another high profile matter was advising IBM in Federal Court proceedings brought by the Commissioner of Taxation. The proceedings focused on a detailed analysis of intercompany licensing arrangements under which IBM’s Australian subsidiary pays its US parent certain fees. This landmark case is likely to impact on future licensing arrangements of multinational companies operating in the Australian technology market.

“I have dealt with Allens Arthur Robinson over many years and have been satisfied with the calibre of advice I receive from its practitioners,” says one long time client.

The firm’s tax team has built a reputation for offering accurate, commercially informed advice on both direct and indirect tax matters. “I deal with Charles Armitage,” says another client. “He is an excellent strategist and a person we rate highly.”

The past year saw the team provide extensive tax advice for Australian dual-listed companies Rio Tinto, BHP Billiton and Brambles GKN. The team familiarised Australian regulators with the difficult issues that arose and advised on new financing arrangements. Allens continues to offer BHP Billiton and Rio Tinto advice on tax related matters.

Retaining a tier two ranking for its joint venture with local firm TSMP Law Corporation, Allens Arthur Robinson’s energy practice has a strong focus on Indonesia as well as regional matters. It can boast Inpex Masela, Hutchinson Group, Star TV and BHP Billiton among its clients.

Peers rate highly Melbourne-based partner Gavin McLaren’s extensive expertise on Southeast Asian projects, as well as his diverse client base in the region, which includes governments, financial institutions and multinationals.

Allens Arthur Robinson is a leading firm for construction and infrastructure finance, and has handled some of the largest transactions in recent years. The firm acted as counsel to the sponsors on the financing of the Zone A1 MGM Grand Ho Tram Resort and Casino Project.

The firm’s practice includes noted foreign counsel Nigel Russell, who is described by one client as “a very prolific funds management and project finance practitioner”. Meanwhile, partner Andrew Hilton is praised for his “sound advice and diligent client service”. In the last year, Hilton led a firm team advising TPG on its US$35 million subscription to convertible bonds issued by Masan Group.

Allens Arthur Robinson is noted for being “very good on cross border M&A transactions”, and is seen as “the go-to firm” on the Vietnamese side of such deals. The firm’s ability to regularly handle M&A, banking and finance transactions reflects the team’s “deep knowledge of regulations and local corporate laws”, says one rival law firm partner.

Partner Bill Magennis is “a very good operator” and leads the Hanoi office. He handles the full range of corporate areas and is “one of the pillars in banking, finance and mergers and acquisitions transactions”, says a client.

A notable highlight for the team was advising Commonwealth Bank of Australia on its appointment by Vietnam International Bank (VIB) as a strategic foreign investor in relation to its acquisition of a 20% stake in VIB.

Allens Arthur Robinson’s construction and real estate team is “strong across all aspects in this sector”, says a rival partner. Partner Bill Magennis is considered one of the best in Vietnam, and he leads a team that enjoyed another strong year. One client says: “The team’s depth of experience in Vietnam in the areas of manufacturing, resources, real estate and construction is outstanding.”

Partner Hop Dang’s expertise in construction work has seen him advising on significant infrastructure projects including the Nam Con Son gas project and the Phu My 3 BOT power project.

Another deal highlight included involvement on Vietnam’s second refinery, Nghi Son Refinery and Vung Ang II BOT power project. The firm advised on key aspects of the projects ranging from investment and construction to financing issues.

Allens Arthur Robinson retains its status as a top tier firm with its “impressive work in the projects and energy space”, says one client. The firm’s dedicated energy and natural resources team is able to manage complex regulatory requirements and negotiate deals for both domestic and international clients.

Leader of the Hanoi practice, Bill Magennis, is a multi-talented lawyer and an expert in the oil and gas sector. His innovative solutions are highly regarded by peers and clients, who describe him as “the heart and soul of the Hanoi practice”. Partner Thomas Miller is an experienced practitioner in banking and project finance, and offers sharp and refreshing advice that has earned the praise of clients and peers.