"Seamless support across all aspects of our business." Energy & Natural Resources, Chambers Asia Pacific, 2015
We have extensive experience advising and representing energy and resources companies on strategic and complex commercial litigation and arbitration.
The firm has established a reputation as a market leading resources litigation practice with significant energy and resources industry expertise.
Our profound understanding of the Australian and international mining industries is based on our successful work with Australian and foreign companies in this space.
Our litigation practice is focused on a range of contractual, tenure and safety issues that affect mining and petroleum operations. We advise on:
- All aspects of disputes relating to the enforceability, performance and termination of contracts including heads of agreements, farm-in arrangements, offtake agreements, exploration and production joint ventures, construction contracts and share and asset sale agreements.
- All aspects of proceedings before the Mining Warden under the Mining Act 1978 (WA) including applications for mining tenements, objections to tenement applications, applications for forfeiture, exemption applications, survey disputes, restoration applications, royalty disputes, disputes over caveatable interests, compensation claims and statutory and tenement condition breaches.
- Proceedings for judicial review of administrative decisions of the Mining Warden and Minister for Mines and Petroleum.
- Mines safety and occupational health and safety issues including compliance with and audits of safety obligations, crisis response management, Departmental investigations and prosecutions and Coronial Inquests into mine fatalities.
We have a proven track record in resources litigation matters, including:
- Acting on commercial disputes and urgent injunctions for St Barbara Ltd, Fugro Survey Pty Ltd and Resource Equities Ltd.
- Acting on objections to the grant of mining tenement applications for various resource companies including Onslow Salt Pty Ltd, Premier Coal Limited and Cauldron Energy Limited.
- Assisting with the successful termination of competing applications under section 111A of the Mining Act by the Minister for Mines and Petroleum.
- Advising companies on their rights under State Agreements.
- Defending applications for forfeiture of mining tenements including subsidiaries of Apex Gold NL, Central Norseman Gold Corporation Limited, Gold Fields Limited, Reed Resources Limited, Rey Resources Limited and Swan Gold Mining Limited.
- Acting for AGL on disputes regarding long term gas contracts.
- Obtaining Court approval of schemes of arrangement for companies such as for Aurora Oil & Gas Limited, Marengo Mining Limited and United Minerals Corporation NL.
Please see below current publications relevant to the energy and resources industry:
- Native Title Rights and Extinguishment, 16 December 2014, Guy Greer
- What are you looking at? WA Court of Appeal considers the interpretation of ‘tenement’, 19 November 2014, Tim O’Leary, Cassandra Hay and George Salter
- In Defence of the Mining Warden and the Warden’s Court (2014) 33 ARELJ 184, Mark Gerus
- 5 steps to obtaining consent to an assignment, 17 June 2014, Mark Gerus and Thaw Thaw Htin
- Defective mining lease application not fatal, 20 February 2014, Mark Gerus and Guy Greer
- Lifting the corporate veil on warehousing of tenements, 20 February 2014, Tim O’Leary and Lauren Shave
- Update on the Karara decision (2013) 32(2) ARELJ 117, Tim O’Leary and Alysha Dinardo
- When will the court fix your mistakes?, 20 December 2013, Mark Gerus and Tim O’Leary
- Operation of the “Mining Exclusion” under the Construction Contracts Act 2004 (WA) (2012) 31(2) ARELJ 119, Tim O’Leary and Alysha Dinardo