Geoff Healy

Partner, Sydney

Direct +61 2 9225 5728

Fax +61 2 9322 4000

geoff.healy@freehills.com

Current practice

Experience

Professional background

Experience

A selection of public matters Geoff has advised upon includes:

BHP Billiton

a Royal Commission into whether BHPB Billiton breached Australian laws in its dealings with Iraq. This Commission followed a United Nations Independent Inquiry Committee (Volcker) Report. BHP Billiton was fully cleared by the Royal Commission. Geoff also advised BHP Billiton on a major internal investigation into the same issues, the results of which were released publicly;
the indefinite suspension in 2009 of BHP Billiton’s $3bn Ravensthorpe Nickel Mine in Western Australia, and threatened class action proceedings;
BHP Billiton’s interest in the North West Shelf joint venture, until recently, Australia’s largest infrastructure project, including in relation to an investigation into the joint marketing of domestic gas into Western Australia;
the $500m remediation of the Hunter River by BHP Billiton following the closure of the Newcastle steelworks;
the redevelopment of Newcastle Port (the largest coal terminal in the World), including the formation of an Industry Agreement around utilisation of capacity;
various aspects of BHP Billiton’s major iron ore contracts in China, Korea and Japan, including various international arbitrations;
for the BHP Billiton Board – advice as to the development of governance structures, off market buybacks, various AGMs and other shareholder related matters.

National Australia Bank, MLC and BNZ

a class action claim against NAB for $500m flowing from alleged breaches of NAB’s continuous disclosure obligations in 2008 relating to its $1bn holdings of ABS CDO’s;
a $700 million dispute with the Australian Tax Office in the Federal Court over the issue of the ExCaps securities into the United States, the United Kingdom and Europe – settled favourably in March 2011;
NAB’s dealings with Storm Financial, a major financial services intermediary that collapsed in 2009 – subsequently the subject of a major Commonwealth Parliamentary Inquiry;
a claim against NAB and its directors in the NSW Supreme Court for $50bn, involving claims in Australia, NZ, Asia the UK and the US. All claims against NAB were ultimately dismissed with costs. The United Kingdom publication, International Lawyer, reported at the time: Freehills saves NAB from £20 billion disaster’.

Reserve Bank of Australia

Geoff is currently advising the RBA on all aspects of the investigation into banknote corruption in Asia and Africa, including in relation to prosecutions launched by the AFP and the CDPP in mid 2011 against the Bank’s wholly owned note printing subsidiary, Note Printing Australia Pty Limited.

Santos

a world scale environmental issue in East Java, Indonesia, involving an ongoing mud volcano. Geoff was involved in the global co-ordination of legal issues (including international arbitration and insurance issues) across multiple jurisdictions, including Indonesia, the United States, the United Kingdom and Australia;
the Varanus Island gas explosion in Western Australia in late 2008;
its $16bn Gladstone LNG investment in Queensland, and its $5bn LNG investment in PNG;
major structural changes to its operations in the Cooper Basin.

Sons of Gwalia

Geoff jointly led a team of lawyers, instructed by Ferrier Hodgson as the Deed Administrators of Sons of Gwalia Limited, in prosecuting a major audit negligence action in the Supreme Court of Western Australia. Geoff also advised Sons of Gwalia Limited in connection with a major shareholder class action. Both proceedings were settled for substantial amounts in late 2009.

Telstra

the $11bn agreement reached between Telstra and the Gillard Government in 2011, as part of that Government redefining the telecommunications sector in Australia, including by establishing a National Broadband Network policy, and obtaining shareholder approval in late 2011 for that agreement. Geoff acted as Independent adviser to the Board in one of the most significant and complex transactions in Australian corporate history;
the Rudd Government’s 2008 $4bn National Broadband Network tender;
the Howard Government’s 2007 $1bn Broadband Connect tender;
for the Telstra Board - advice on a range of governance matters, various AGMs, its year end accounting processes, and other shareholder related matters.

Other

A major Australian public company on an ongoing inquiry by the SEC/DOJ in relation to the application of the Foreign Corrupt Practices Act;
Carnival plc (the listed UK owner of the Cunard line) in a major public inquiry in Australia affecting its cruising operations in the Asia Pacific, under the P&O Australia trading name;
Patrick Corporation in relation to its various disputes with the MUA over the Australian waterfront in the 1990s - a landmark dispute in Australian industrial relations around the restructure of Australia’s port operations;
Macquarie Bank in relation to Brisconnections, and its ‘spin off’ of Macquarie Infrastructure Group;
Moody’s, in a major securities investigation, and now prosecution, against a former employee for insider trading;
in relation to the collapse of the Estate Mortgage Trusts, in particular in multi-party proceedings involving the trustee, and the directors and auditors of Burns Philp, also during the 1990s.

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