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

A very busy year for Blake Dawson saw the team acting as adviser to the WICET Group in relation to the US$3.2 billion development and financing of a new coal export terminal at Golding Point in the Port of Gladstone.

One client comments that the firm “has a team that can deliver quality and market relevant advice”, and “consistently delivers quality service”. Standout lawyer Paul Jenkins is highly valued by clients, with one saying “he is very professional and I highly regard his work”.

Other notable transactions included advising Qantas on the refinancing of a US$1.3 billion syndicated loan note facility, underwritten by ANZ Banking Group and BNP Paribas.

The Blake Dawson M&A team “acts very professionally and gives very clear instructions,” says one client. “Its advice is very professional and that helps a lot with transactions.”

A notable highlight for the team last year was advising Posco as a shareholder of Australian-listed mining company Macarthur Coal in the US$4.4 billion takeover battle between US coal company Peabody Energy and New Hope.

The team also took part in what would have been the second largest M&A deal announced worldwide for 2010, acting as legal adviser on the Australian law aspects of BHP Billiton’s attempted US$43.2 billion takeover of Potash Corporation of Saskatchewan.

Blake Dawson is “a very commercial, no nonsense law firm”, says a client. The construction team, which is renowned for working on construction and infrastructure projects, “reaches really good outcomes while covering off the main risk areas”, adds another client. “I rely upon Blake Dawson and have faith in its work.”

Partners Lisa Chung and Bronwyn Badcock left the firm in the last year to join Maddocks Lawyers. Melinda Harris and Mark Disney have been appointed as partners.

The team advised the Department of Defence on planning for the provision of facilities to key RAAF Bases Australia-wide to support the introduction into service of the F35 Joint Strike Fighter. The works included the provision of operational and training facilities, working accommodation, and infrastructure and runway upgrades across key Royal Australian Air Force facilities nationwide.

The firm also acted for the receivers of CRI Australia on the largest PPP project at the time. This involved the development of an integrated transport interchange, retail complex, car parking facility and three residential towers.

“I would recommend Blake Dawson as it has the experience and skills required to run large scale litigation for a client”, says one satisfied client of the firm. The team has a strong bench of practitioners that are “well equipped in knowledge to make assessment of the advantages and disadvantages at hand”, adds another client.

Practice leader Ashley Wharton leads a practice that “has always provided timely advice that addresses both the strategic issues as well as the relevant details”.

The team advised the liquidators of Lehman Brothers Australia in the largest class action before the courts in Australia. The case involved representing Lehman Brothers’ estate in defending a US$378 million class action by investors involving financial products that were promoted by Lehman/Grange between 2003 and 2008.

The firm is also representing ANZ in defending a class action brought in the Federal Court in Melbourne by Maurice Blackburn. This is on behalf of customers to recover a range of fees charged by ANZ on consumer and business transaction accounts and credit cards.

Blake Dawson is “one of the leading firms in this sector”, says a client. The team is consistently ranked in the top tier, with clients saying it is “very articulate” and “has the ability to give appropriate recommendations”.

Last year saw the departure of key partner Leigh Warnick. However, the team subsequently hired Michael Sheng and Philip Breden, the latter from Gilbert + Tobin.

The firm advised BHP Billiton on its Western Australian iron ore operations. This transaction included a 50:50 production sharing JV with Rio Tinto valued at more than US$100 billion. It also consisted of mine, rail and port expansions valued at US$10 billion.

Other work includes advising on the US$8.31 billion development of the Gladstone LNG gas field project expansion programme, which has a 435 kilometre gas pipeline.

“The individuals at Blake Dawson are very knowledgeable and have excellent standards”, says one client. “The IP team is able to draw upon other practices to combine efforts with the dispute resolution team.”

Partner Melinda Upton is “exceptionally knowledgeable on a wide range of IP matters and is a fantastic communicator”, adds another client.

The firm advised on the IP aspects of the 10 year agreement between Coca Cola Amatil (CCA), Beam Global Spirits and Wine Inc for the manufacture, sales and distribution of the Beam premium spirits portfolio in Australia.

“Blake Dawson has a great practice, and it is one of the firms that I will recommend,” says one client. The team this year retains its position in the top tier with clients commending the practice as “very good, very responsive with quality partners and strong associates”.

The highlight of the year was advising the National Broadband Network (NBN) in the largest infrastructure project in Australian history . The US$46.5 billion NBN project is an initiative to provide broadband access at speeds of 100 mbs to 90% of Australian households.

The firm also advised National E-Conveyancing Development, a company owned by three State governments, on the establishment of a national e-conveyancing infrastructure that links multiple Australian jurisdictions. The team was involved in all elements including incorporation, tender advice, contract negotiation, tax advice and IP due diligence, assignment and branding.

Blake Dawson houses a leading labour and employment practice. “This is the only legal firm we use for employment issues,” says a client.

The team is led by Melbourne-based partner Richard Bunting, who is described by one client as “extremely knowledgeable and able to help significantly with transactions”.

The team last year advised PetroChina on employment and industrial relations issues relating to its joint bid with Shell for the Australian operations of Arrow Energy. This was the first significant Australian acquisition for this Chinese state-owned entity, and the deal was the largest Chinese joint venture bid in Australian corporate history.

“I would recommend Blake Dawson’s tax team,” says one client. “Its service and advice has fit our purpose, and the firm is timely and pays great attention to details.”

The past year saw the team welcome the experience of Peter McCullough as partner from accounting firm Ernst & Young.

The firm served as advisers to BHP Billiton on the establishment of an iron ore production and exploration joint venture with Rio Tinto. The tax team was closely involved with the structuring of the transaction and the drafting and negotiation of project documents.

Another notable transaction was advising TOWER Australia Group in relation to the US$1.9 billion offer by its key shareholder, the Dai-ichi Life Insurance Company, to acquire the shares in TOWER Australia that it does not own by way of a scheme of arrangement.