Energy and mining law

The lawyers in our energy and mining law team provide legal services across the entire lifecycle of projects in the energy and mining industries.

In the earliest phases of the planning and development process, we provide legal support for feasibility studies, planning solutions and environmental assessments. This can range from preparing and negotiating the terms of necessary consultancy agreements, to investigating easement, planning and environmental risk areas.

  • At the outset of the procurement process, we are able to prepare the full suite of contract documentation. This provides a contractual safety net for the multiple facets of the project, including structuring and risk allocation. 
  • Once the project is up and running, we can take care of your day-to-day operational and compliance needs.
  • During project delivery, we can assist you to administer the relevant contracts. Problems are nipped in the bud. If required, we can use advanced alternative dispute resolution techniques to get you the best outcome at the lowest cost.

Whenever you require, we can also call upon the expertise of lawyers in other practice areas, including intellectual property, employment, construction, engineering, OH&S, insurance, environment, planning and property law.

Our expertise in energy, mining and renewable energy

Our energy and mining lawyers have provided legal advice and acted on disputes in a wide range of projects.


Advice
  • advice and other assistance to a key energy services and infrastructure contractor in relation to a state 132kV power line upgrade, including work on easement matters
  • advice and other assistance in relation to energy performance contracts for utilities
  • documentation for projects for a number of the biggest state-owned corporations in the energy sector, including preparation of pro-forma contracts for use Australia-wide on high-value state-owned energy assets and bespoke contracts for use on specific major infrastructure projects, together with associated advisory, negotiation, strategy, contract administration and training services
  • advice on administration, rights and entitlements in complex high-value energy and mining projects
  • advice and assistance with electricity rules produced by AEMC
  • advice and assistance on output guarantees, including power output
  • guarantees on steam gas turbines
  • security of payment assistance in all Australian jurisdictions, including in relation to mining exclusions, combined cycle generation power stations, transmission lines and other sector-specific projects
  • drafting arrangements to accommodate complex offshore labour index rate changes and hedging arrangements, for example, for the offshore manufacture and onshore supply of plant for boiler upgrades
  • negotiation and documentation of intellectual property rights, including designs and other know-how, in relation to energy and mining infrastructure projects
  • outage maintenance agreements and other documentation for energy project upgrades and expansions
  • trade mark proposals
  • advice on the construction, financing, operation, maintenance and sale/purchase of hydraulic transmission lines and a gas peaking power station in the Northern Territory
  • drafting agreements for the offshore manufacture and onshore supply of accommodation for the mining operations of one of the world's leading resource groups
  • drafting and negotiating alliance, pain-share gain-share, shared risk and KPI bonus/penalty contractual arrangements in energy sector construction contracts
  • strategic guidance, corporate governance and restructuring assistance to energy and mining companies
  • compliance services in response to external audits of energy and mining companies
  • advice to the owner/operator of a capital city airport regarding the supply of electricity to retail tenants in the deregulated market and the preparation and implementation of consumer electricity supply agreements
  • leasing, land acquisitions and mining rights acquisitions for energy industry participants 

Disputes
  • negotiation and dispute resolution against the Australian subsidiary of the largest steel manufacturer in China, in relation to heat-recovery steam generators constructed for mining operations
  • resolution of a number of high-value disputes in the energy and mining sectors, related to power stations, transmission lines, boilers, attemperating reservoirs, substations and other facilities, including disputes over costs, variations, latent conditions, time (extensions of time and delay costs), access, deliverables, geotechnical conditions and industrial relations
  • actions for urgent interlocutory relief
  • resolution of disputes related to intellectual property rights, including designs and other know-how
  • enforcement of intellectual property infringements
  • assistance in relation to the calling of securities on major energy projects
  • prosecuting and defending claims against consultants in connection with power stations
  • alternative dispute resolution, including expert appraisal, conciliation and expert determination in energy and mining ventures
  • development and implementation of innovative procedures to expedite processes and reduce costs in conflicts involving mining and energy entities
  • litigation and commercial arbitration (including domestic and international arbitration) on behalf of mining and energy companies