Current practice
Robert has a broad corporate and commercial practice with a particular focus on energy and resources, major acquisitions and disposals, joint ventures (incorporated and unincorporated), partnerships and governance and compliance issues.
Robert’s practice includes:
- acting for vendors and purchasers in significant business acquisitions and joint ventures, including structuring and documenting transactions
- acting for tenderers in government privatisations and infrastructure projects
- advising clients on all aspects of general corporate practice, including reviewing and drafting contracts and other general advice
- acting for governments in electricity industry restructurings.
Experience
Examples of Robert’s expertise include:
Power and infrastructure
- Marubeni Corporation and Osaka Gas on their equity acquisition of an 80 per cent interest and project financing of certain APA Group power and midstream gas assets
- New South Wales Government in establishing Eraring Energy, and the transfer to that entity of Pacific Power’s generating assets
- New South Wales Government on the merger of three of the New South Wales Government owned electricity distribution and retail entities
- the Tasmanian and South Korean Governments on the restructure of their respective electricity supply industries, and
- the project sponsors of the Millmerran power project, a 840MW coal-fired base load power station in Queensland including drafting the fuel supply arrangements.
Robert has advised electricity market participants and other stakeholders on all aspects of the legal and regulatory frameworks for energy throughout Australia. These include:
- advising on the National Electricity Law and National Electricity Rules, including registration (particularly the requirements for intermediaries), settlements, prudential requirements, rule changes and retailer of last resort obligations
- providing advice in relation to the regulatory framework that applies in the National Electricity Market participating jurisdictions, including in relation to the New South Wales licensing scheme and the Ombudsman scheme
- providing advice in relation to all aspects of network connection, including assisting with connection enquiries and applications, reviewing and negotiating customer connection agreements and use of system agreements
- advising generally in relation to pricing, including advice on pricing decisions of IPART (in relation to both regulated tariffs and network pricing) and the Electricity Tariff Equalisation Fund
- providing advice in relation to renewable energy and green credits and the implications of the introduction of a carbon tax and an emissions trading system, and
- advice in relation to policies of the Ministerial Council on Energy, particularly in the energy retail and distribution area.
Robert has also prepared, advised on and negotiated a wide range of complex agreements across all sections of the energy industry, including:
- hedging arrangements in relation to both electricity retailers and generators
- power purchase agreements
- complex customer sale contracts, including ’whole of meter’ contracts, and advising on customer credit risk and ways to minimise this risk
- pricing in relation to both regulated tariffs and network pricing
- renewable energy and green credits and the implications of the introduction of a carbon tax and an emissions trading system financial contracts, and
- IT and outsourcing and service agreements, particularly in the context of customer billing systems, including the ability to separate these systems and functions along business lines.
Mining
- Centennial Coal in the sale of the Anvil Hill development to Xstrata for AUD$1.1 billion
- Peabody Energy Corporation in relation to its acquisition of the Burton and North Goonyella mines in Queensland
- Peabody Resources Limited in the disposal of its Australian coal assets in 2001 for US$585.6 million
- the Peabody Group in establishing the contractual arrangements for the greenfield Baralaba coal project in Queensland
- Zelos Resources NL in its acquisition involving Gujarat of the Avondale Colliery in New South Wales
- POSCO in relation to its joint venture arrangements with a New Caledonian nickel mining company
- Centennial Coal on its marketing agency and exporting coal sale agreements, and
- Marubeni Coal in relation to its acquisition strategy and various investment opportunities
Mergers and acquisitions
- the United Group in its acquisition of the ALSTOM transport business in Australia and New Zealand
- Dalkia International in its acquisition of the Trane business in Australia and New Zealand
- Carillion plc in its sale of the Barclay Mowlem group to Laing O’Rourke
- the University of Sydney in the transfer of the Faculty of Rural Management to Charles Sturt University
- Metcash Trading Limited in its capital reorganisation, particularly the equity raising aspects of the reorganisation
- the Commonwealth Government and the governments of New South Wales and Victoria in the establishment of the 'Joint Government Enterprise', an entity charged with identifying and investing in water savings projects in the Snowy and Murray Rivers, and
- various New South Wales Government departments in the establishment and recent reorganisation of 'NSW businesslink'.
Project finance
- Bayerische Hypo-Und Vereinsbank AG, the Mandated Lead Arranger, in relation to the financing of the Mt Weld Rare Earths Project
- ANZ and Rothschild in respect of the financing of the coal operations of Donaldson Coal, and
- the receivers to the Gympie Gold group of companies.
Professional background
Robert has a Bachelor of Laws (Honours) and a Bachelor of Economics from the University of Sydney.