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

Another strong year for Freehills saw the team continue to “provide excellent service and advice in all areas of the management of process systems, people and legal sign off”, says a client. The team is praised by clients for its “interest in providing solutions to problems and getting outcomes”.

The firm houses a team of strong lawyers, which includes Andrew Booth who is praised by one competitor as “being very good with complex matters” and having the ability to “keep things simple and easy to understand”.

Last year saw the firm advise the financiers to the Southern Way Consortium, which was selected as the successful bidder for the A$759 million (US$818 million) Peninsula Link. This major Victorian project involved the construction of a 27 kilometre freeway standard road, joining the existing Mornington Peninsula Freeway.

“Instead of focusing on black-letter law, the firm has the ability to provide advice that incorporates a deep understanding of the client’s objectives, commercial drivers and risk profile,” says one client of Freehills.

Peers have recognised its M&A team for its “great depth in talent”, with standout lawyer Baden Murphy “always able to find solutions for the difficult problems”, says a client.

A notable deal highlight was advising Prime Infrastructure (formerly Babcock & Brown Infrastructure) on its US$2.7 billion merger with Brookfield Infrastructure. This transaction involved a company scheme of arrangement and trust schemes. It was the first to also involve a concurrent off-market takeover bid conditional on the schemes not becoming effective with an added innovative cash-out element for retail holders instead of opting to hold shares in a NYSE and TSX listed company.

“Freehills’ construction team is definitely a leading team in Australia,” says a rival lawyer. The firm is able to use its vast resources to advise clients on their specific requirements. “Freehills has a multidisciplinary practice that is able to tailor to our needs,” adds a client.

Partner Andrew Clark, who is “trustworthy and has high integrity”, is recognised as “the go-to lawyer in Melbourne”, says a client, because of his vast experience and strong knowledge of infrastructure projects.

Last year, the firm advised Prime Infrastructure (formerly Babcock & Brown Infrastructure) on its US$2.7 billion merger with Brookfield Infrastructure creating a leading global infrastructure group.

Another notable deal was advising TSI Fund on a US$119 million capital raising. This comprised an accelerated non-renounceable entitlement offer to TSI Fund’s existing security holders, and a placement to institutional investors.

Recognised by market observers as housing one of the largest practices in the country, Freehills has maintained its strong position in the energy and natural resources industry this year. The team possesses “great depth of talent”, says one client.

Meanwhile, a competitor admits the Freehills team has “significant technical expertise” and “sound commercial judgment”.

The firm advised Minmetals Resources on its Hong Kong listing of 1% perpetual subordinated convertible securities valued at US$690 million.

Other transactions include advising Centennial Coal Company on its US$2.7 billion recommended takeover bid from Banpu Public Company and advising Eldorado Gold Corporation on its US$8.5 billion merger with Sino Gold Mining.

“Freehills provides solid and reliable IP advice,” says one client. The firm’s history acting on high profile IP transactions has earned its IP practice praise as “a safe and reliable pair of hands providing very good, sensible, commercial advice”.

A highlight for the firm was advising Australian General Practice Network on a misleading and deceptive conduct passing off action brought by Primary Health Care against the firm’s client and others. This was in relation to Australian General Practice Network’s proposal to change its name to ‘Australian Primary Health Care Network’.

Freehills “consistently gives the best and most accurate telecommunications advice of any law firm I have worked with in Australia”, says one international client. “Sydney-based partner Louise Capon is my first call whenever I need legal work done.”

Last year’s highlight was acting for the financiers on the US$3.24 billion term syndicated facility agreement entered into by Vodafone Hutchison Australia and Hutchison Telecommunications to refinance existing indebtedness including shareholder loans.

Freehills retains its status in the top tier with its labour and employment team having enjoyed strong year. One client of the firm says: “It finds solutions for difficult problems and it offers solutions that I had not thought of.”

Partner Graham Smith is “an exceptional lawyer that provides excellent advice and manages difficult situations very well”, says a competitor. Smith is respected by peers as “a skilled practitioner”.