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

With a recognised team that provides continued excellence, the Minter Ellison banking and finance practice “is a leading firm with good specialist experience”, says one client. “Its advice and service is first class.”

Star partner Daniel Marks is “one of the best in the banking and finance industry”, and led a team on a US$1.2 billion syndicated facility of listed Reit, ING Industrial Fund (IIF). This was for Goodman Group consortium’s takeover of IIF by scheme of arrangement, and the debt aspects of the acquisitions by Mirvac Group of Westpac Office Trust and Mirvac REIT.

Another highlight for the firm was its role on the syndicated leveraged finance facilities for Archer’s US$270 million acquisition of GullPetroleum.

Minter Ellison boasts a pedigree of high expertise and has “experience that blends with the deep resources at its perusal”, says one competitor. “The team has got the depth to support transactions of high value,” adds a client.

Housing two very experienced M&A practitioners in Bart Oude-Vrielink and John Steven, the team acted for Healthscope on the acquisition proposal it received from a private equity consortium comprising TPG Capital and The Carlyle Group. The recommended US$2.9 billion cash offer was the culmination of an intense bidding war between a number of private equity groups. Completed by scheme of arrangement, the deal was subject to shareholder and FIRB approval and was Australia’s largest private equity buy-out.

Another transactional highlight for the firm was advising Citadel Resource Group on the US$1.35 billion cash and scrip takeover offer from Equinox Minerals.

Minter Ellison’s construction team is “expert on a diverse range of major infrastructure and construction work”, says a client. The firm is involved on many national projects, and clients note: “The team possesses strong knowledge in construction law but has the capacity to deal with other issues.”

Partner Stewart Nankervis “is the go-to lawyer for Minter Ellison” says a rival partner. However, clients note the team’s strength in depth. “I have a lot of confidence in the partners,” says one.

One of the highlights for the construction team was advising QR Limited in the restructure of its rail business and assets as part of Queensland Government’s infrastructure asset sales process. The firm also advised on the subsequent IPO of QR National.

Other notable work in the past year includes acting for a consortium that was shortlisted in the bid for WA Government’s Mundaring PPP water treatment plant. This was the first PPP style project finance transaction completed in Western Australia.

“Minter Ellison provides a good team of lawyers who are all very effective at addressing our needs”, says one client. “I would characterise both its advice and service as excellent.”

Anthony Lloyd leads the TMT team, which has “provided us with excellent due diligence on drafting and negotiations in relation to our technology development”, says another client.

The team acted for TPG Telecom in negotiating and finalising a A$380 million syndicated debt facility package provided by domestic and offshore lenders.

The team also advised NBN on the procurement, manufacture and delivery, and financing of the space and ground segments as part of Australia’s national broadband network.

Minter Ellison is increasingly known in the market for its capabilities in advising companies on inbound and outbound work between China and Australia. In one recent deal, the firm represented leading Chinese state-owned enterprise Yankuang in forming two joint ventures worth A$2 billion (US$2.08 billion) with Bauxite Resources for the mining of bauxite in Western Australia.

Known for its ability on Australia-China cross border M&A work, Minter Ellison is building upon its comparative advantage in this market. The firm’s M&A team was bolstered this year with the addition of partners Barbara Mok, Katherine U and Anne Ko from Jones Day.

The firm receives high praise from clients. One client notes: “[The M&A team] is very good. It has a good commercial grasp of issues and puts in place practical solutions to meet commercial needs. We’ve worked with both its Hong Kong and China teams, and it has good regional and international capacity to provide for our needs. We previously worked with partner Yiyi Woo at another firm, but then worked with her at Minters in China after that. It worked out!”

Partners Steven Yip and David Goldstein head the construction practice at Minter Ellison, which is known for its ability to give leading advice to developers in Hong Kong and Macau on major construction projects.

In one recent example, the construction team advised a subsidiary of Kowloon Development (Jumbo Power Enterprises) in a HKIAC arbitration. This involved a dispute with a contractor relating to the foundation and excavation works for a Kowloon residential and commercial development. Minter’s team also represented LaSalle Investment in its joint venture and cooperation agreement with Hongkong Land on a mixed commercial and residential development project at Tai Hang, Hong Kong.

Minter Ellison

Minter Ellison has a growing presence when it comes to labour and employment law in Hong Kong. Counsel Winnie Ng leads the greater China employment practice and has over 10 years of specialist experience in employment, data privacy and anti-discrimination law. This past year, the practice has advised several multinationals on employee transfer, hiring, and pay and annual leave matters.