Australia
About
Our experience at White & Case advising on Australian matters spans decades. We have an extensive track record representing clients on cross-border business involving Australia, both inbound and outbound, and regularly advise on foreign direct investments into Australia. We advise participants in the region primarily on infrastructure and energy development, M&A/corporate, project finance, planning and environment, bank finance, dispute resolution, trade, securities and high-yield matters.
In the Australian and Asia Pacific region our partners and associates advise clients throughout the full lifecycle of their business and assets across the infrastructure, transportation, energy and Mining & Metals sectors. Many of our Australian clients invest and do business across Asia-Pacific and the world, so they need a team of lawyers who work closely together to bring global knowledge to bear on their legal matters.
Our Australian project development and finance team is well-recognised for its breadth of experience and industry knowledge. The team has advised both public and private sector clients, including project sponsors and lenders, across a vast range of industry groups, delivering flexible and innovative financing solutions that give our clients the edge in today's changing marketplace. We have particular expertise on-the-ground in Australia working with sponsors and lenders on complex, multisourced projects to successfully develop "bankable" structures.
The environmental and planning group works closely with clients to develop an approvals strategy that considers all land access and regulatory approvals issues and is fit-for-purpose and robust in the face of typically strong regulatory scrutiny and coordinated community opposition.
We have a leading claims management and dispute resolution team specialising in the strategic management of claims as well as more formal dispute resolution mechanisms such as international and domestic arbitration, expert determination and litigation.
Our Australian M&A experience spans a range of sectors and transaction structures (from public company acquisitions through to asset sales, joint ventures and other structures) and includes some of the most strategic, high profile deals in the market. Our sector expertise ensures clients get the benefit of market leading M&A expertise with a comprehensive understanding of what is "market" and the various ways in which risks can be managed/apportioned in transaction documents.
The Antitrust team advises domestic and international clients in the Energy, Infrastructure, pharmaceutical, financial services, Technology, manufacturing, Consumer Products and Aviation sectors on all aspects of antitrust, consumer law and the regulation of essential services. The team have a depth of experience advising on the strategy and clearance of domestic and cross-border M&A, with a particular focus on multi-jurisdictional matters, as well as joint ventures and other collaborative arrangements within the bounds of antitrust laws, anti-competitive conduct, investigations and matters of compliance.
The debt finance practice advises lenders, borrowers and sponsors on international and domestic leveraged, acquisition, syndicated, infrastructure and general finance transactions, both senior and subordinated. The team has particular experience acting on cross-border leveraged finance transactions utilising structures such as US-style term loan Bs, unitranche loans, super senior revolving facilities, high-yield notes and asset backed loans, as well as more traditional bank facilities. The teams' private credit experience also extends to advising clients, providing capital solutions to stressed credits, whether in the form of 'new money' liquidity facilities, as part of a balance sheet restructuring and/or in relation to a liability management exercise (including coercive debt exchanges).
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AWARDS & RECOGNITION
Project Finance & Development Law Firm of the Year
Best Lawyers Australia 2024
Tier 1 in Project Finance
The Legal 500 Australia 2024
"They provide an excellent and responsive service. They have expertise and deep industry knowledge."
Chambers Asia-Pacific (Australia) 2024
Experience
Renewable Energy
- Representation of CVC DIF and Cbus on the sale of their combined portfolio of renewable energy assets in Australia, including an 80.1% stake in Bright Energy Investments, to Potentia Energy.
- Neoen in respect of the A$650 million portfolio refinancing of Neoen SAS's 310MW Hornsdale Wind Farm Stages 1, 2 and 3, Australia's first multi-staged separately project financed wind farm involving long term debt supported by a feed in tariff from the ACT Government.
- Representation of Macquarie Asset Management's new global battery storage platform, Eku Energy, on its acquisition of certain seed assets.
- Neoen on the development and A$160M project financing of the 300MW/ 450MWh Victorian Big Battery in Victoria, Australia.
- TagEnergy on the acquisition, development and project financing of the 756MW Golden Plains Wind Farm (Stage 1) in Victoria, Australia. This deal was awarded 'Asia-Pacific Renewables Deal of the Year 2022' by Project Finance International.
- Neoen on the 150MW Hornsdale Power Reserve, its joint development with Tesla of the world's largest lithium ion battery in South Australia, which was awarded 'Asia-Pacific Energy Storage Deal of the Year 2019' by IJ Global; Neoen on the 300MW.
- Representation of Copenhagen Infrastructure Partners in relation to the joint development of a hydrogen export project of up to 5000 MW located north of the town of Kalbarri, Western Australia, which include the acquisition of an interest in Hydrogen Renewables Australia Pty Ltd by Copenhagen Infrastructure IV K/S.
- Equis on the non-recourse debt financing of the Melbourne Renewable Energy Hub, the largest non-recourse debt financing package for an Australian grid-scale battery energy storage system (BESS) to date.
- The lenders on the project financing of European Energy's Mokoan solar farm located in Victoria.
- The lenders to Lightsource bp on the green portfolio project financing of two greenfield solar projects in Australia: the 425MWdc Wellington North Solar Farm in New South Wales and the 90MWdc Wunghnu Solar Farm located in Victoria.
- Malakoff in respect of the sale of its 50 percent interest in the 420MW Macarthur Wind Farm.
Infrastructure
- Perdaman on the equity and joint venture arrangements with Global Infrastructure Partners, for the development and financing of the US$4.2 billion greenfield Karratha Urea Project in Western Australia. This project was named the Asia-Pacific Industrial Deal of the Year 2023 by Project Finance International.
- The financiers to the Northleaf Capital Partners and InfraRed Capital Partners consortium on their NZ$1.7 billion acquisition of an 80 per cent interest in Vodafone New Zealand's passive mobile network TowerCo.
- The mandated lead arrangers, underwriters and bookrunners on the senior debt facilities for the acquisition of Australian rollingstock leasing company Rail First Asset Management by Amber Infrastructure Group and DIF Capital Partners.
- The lenders to Reliance Rail Pty Ltd, a PPP with the NSW Government, on the $1.8 billion, 21-year Green Sustainability-Linked Loan (GSLL) to fully refinance its existing debt facilities.
- The lenders to Plenary on the unsuccessful bid for Frankston Hospital PPP.
- Downer EDI Rail in relation to the A$4.6 billion Queensland Train Manufacturing Program, comprising the procurement of new rolling stock, a special purpose training manufacturing facility and a special purpose maintenance facility.
- RATP Dev on their successful bid as part of the Parklife Metro Consortium in relation to the Sydney Metro - Western Sydney Airport, Stations, Systems, Trains, Operations and Maintenance package.
- The Victorian Government in relation to the procurement of the Suburban Rail Loop Project in Victoria.
- Advised the Melbourne Metro Rail Authority in relation to the AUD 11 billion Metro Tunnel Project
- The lenders to the Plenary Health consortium in relation to its successful bid for and on all aspects of the project financing of the $1.5 billion New Footscray Hospital PPP in Victoria.
- Advised Transurban Limited on all aspects of the AUD 6.7 billion West Gate Tunnel Project including the subsequent dispute with the construction contractors.
- Advised QIC and the Royal Schiphol Group in relation to the acquisition of 70% of Hobart International Airport.
- Advised Melbourne Airport in relation to the Elevated Roads Project.
Mining
- Representation of Zhejiang Huayou Cobalt on the joint venture with Ford Motor Company and PT Vale Indonesia Tbk to jointly invest in the Pomalaa Block High-Pressure Acid Leaching (HPAL) Project in Indonesia. This project will advance more sustainable nickel production and support an accelerated energy transition. The project also marks the first integrated joint venture between a leading Chinese mining company and a western automaker. The transaction was shortlisted for the M&A Deal of the Year by ALB Indonesia Law Awards 2023.
- Representation of Arete Capital Partners, the mining private equity firm, on its acquisition of the Stawell gold mine from Canadian miner Kirkland Lake Gold.
- Representation of a bidder for Freeport-McMoran's controlling stake in the Tier 1 Tenke Fungurame Copper Mine in the Democratic Republic of Congo.
- Representation of Ciner on two transactions, including the acquisition of a controlling interest in the OCI Wyoming soda ash business.
- Representation of a sovereign on a comprehensive rewrite of its mining law and regulation and associated fiscal regime.
