Damien is a specialist corporate and M&A lawyer in the mining and resources sector, known for having designed and implemented many of the more sophisticated structures for asset development, ownership and infrastructure sharing within the resources industry.
He advises on:
- Unregulated M&A
- Joint Ventures
- Infrastructure Agreements
- Taxation and Stamp Duty
- Revenue Advice
- Foreign Investment Regulation, and
- Complex business and Commercial structuring.
Damien has led McCullough Robertson’s Resources and Renewables Industry Group since 2001, and also leads the Corporate & Tax practice.
Chambers and Partners Asia-Pacific: Recognised as “definitely knowledgeable” and prominent in the [Energy & Natural Resources] space, while a client praises him, not only for his “good understanding of the mining industry,” but also for being “excellent at communicating the technical legal aspects of transactions.”
The Legal 500 Asia Pacific: “a ‘trusted adviser in broad commercial strategy, not just for legal work.”
New Hope Corporation
Advised on the acquisition of an 80% interest in the Bengalla Joint Venture for $1.75b from Rio Tinto, Wesfarmers and Mitsui including advising on strategies to manage joint venture pre-emption arrangements as well as designing a complex revenue saving outcomes.
Advised on the due diligence and bid for Rio Tinto’s assets as it exited the coal industry, and subsequently on its purchase of Winchester South. Separately advised on Whitehaven’s restructure and its initial listing on the ASX.
Advised on the $380m acquisition of the Gregory Crinum project from BHP and Mitsubishi Alliance, including negotiating the transaction and complex funding documents.
Advised on the restructure of the Spur Hill Joint Venture and the Drayton Projects (now known as the Maxwell Projects). Previously advised on the acquisition of Anglo Coal’s Drayton South Project and Drayton Coal Mine in the Hunter Valley.
NQ Minerals PLC
Advised on the transformational acquisition of the Hellyer Gold Mine, and ancillary funding and cross-border arrangements. Subsequently acted as Australian counsel in the listing of NQ Minerals PLC on the AIM Exchange in the UK.
Advised on the funding and restructure of the supply arrangements which facilitated the sale of Anglo’s Callide Coal Mine. Subsequently advised on the transfer of the coalmine to Batchfire Pty Ltd, and the following restructure of those arrangements.
Acted as lead lawyer for Excel Coal in all transactional matters including on the $2b acquisition of Excel Coal by Peabody.
lead lawyer for the establishment of each of the Lake Vermont, Monto Coal, Carborough Downs, Isaac Plains, Spur Hill, Chain Valley, Millennium, Moorvale, Sonoma, Maxwell and Coppabella Coal joint ventures in the Bowen Basin.
Advised major international companies and private equity groups on transactions involving Australian assets and projects.