Clifford Chance

• Partners Group, on the M&A aspects and development and financing aspects on the Murra Warra wind farm project, one of the largest wind projects in Australia, and on its investment in the Bango Wind Farm, the third renewable wind farm investment in Australia under the landmark Grassroots Renewable Energy.
• Tobi Pearce and Kayla Itsines, and The Bikini Body Training Company Pty Ltd on the Series A investment by US private equity firm Norwest Equity Partners into The Bikini Body Training Company.
• PVH Corp., one of the world's largest fashion apparel companies, in connection with its acquisition of Gazal Corporation Limited, by way of scheme of arrangement.
• Five V Capital on its acquisition of funds ratings agency and investment research house Zenith Investment Partners.
• Pemba Capital Partners on the sale of secure ID and transaction cards company Placard to Swedish corporate ASSA ABLOY, for a headline purchase price of A$85 million.
• TBG AG, through its portfolio company DTN, on the purchase of a majority stake in Weatherzone, a leading provider of weather information, from Australian media conglomerate Nine Entertainment for a headline purchase price of A$30 million representing an EV of A$40 million.

• A syndicate of international and domestic financiers, including ANZ, Bank of China, ING, National Australia Bank and Société Générale, to the Land Services WA Consortium on the financing and corporate aspects of the partial privatisation of Landgate, the Western Australian property and land data agency. This is the fourth privatisation of an asset of this kind in Australia (with previous privatisations being in respect of the New South Wales land titles registry, the South Australian land titles registry and Victorian land titles registry, all of which we also advised on).
• The lenders, arrangers and joint lead managers (comprising around 10 banks including Bank of America Merrill Lynch and Commonwealth Bank of Australia) on the $350 million multi-sourced refinancing of Endeavour Energy's initial acquisition financing, including the update and issuance under the MTN for Endeavour Energy, the refinancing of numerous debt facilities, an initial 'samurai' financing into the Japanese market, and the implementation of various bilateral facilities.
• HSBC Bank plc, and the other Active Bookrunners, in the syndication of Glencore's refinancing of its Short-term Revolving Credit Facilities.
• Macquarie Capital and Swancor Renewable Energy in their capacity as the initial sponsors, on Formosa II (376-MV), one of the largest offshore wind projects in Taiwan, including on the wind turbine construction and O&M packages with Siemens Gamesa, and the project financing package.
• Three syndicates of financiers to the Sydney Transport Partners consortium (led by Transurban) on its A$9.3 billion acquisition from the New South Wales government of a majority stake in WestConnex, the largest road infrastructure project and biggest privatisation currently in Australia.

• Private Equity litigation: Represented a global private equity firm and its portfolio company in connection with $150m+ claims of breach of accounts and business records warranties relating to the billion-dollar acquisition of a FMCG multinational with operations in Australia, the United Kingdom and the United States. 
• Corporate litigation/arbitration:  Represented a multinational corporate in connection with claims advanced under an allegedly "evergreen" supply agreement.  Disputes arose in relation to the scope and binding nature of an expert determination on price and volumes of product, the obligations to supply, take and/or pay for product, material and repudiatory breaches and misrepresentation.  Two interconnected agreements providing for both court and arbitration proceedings. 
• Technology arbitration:  Represented an Australian eCommerce company in relation to a A$100m+ ICC arbitration (Hong Kong seat) against an Asian financial institution, arising out of an agreement for the establishment and operation of an e-commerce portal.
• Cross-border litigation: Representing LzLabs, its subsidiaries and three individual defendants in proceedings commenced by IBM in the United Kingdom.  The litigation concerns an innovative software platform which threatens IBM’s mainframe revenue stream.  IBM alleges that LzLabshas breached its IBM Customer Agreement (ICA), IBM’s 2013 standard form software licence, and that the other Defendants, including LzLabs, have procured those breaches of contract and/or conspired to breach the ICA and/or to procure breaches of the ICA.  The case is listed as one of the top 20 cases in London in 2024.
• Class Action litigation: Representing a corporate finance and professional services firm in high-stakes class action litigation arising from the insolvency of an ASX-listed construction company. The applicant alleged failures to identify critical inaccuracies in the financial statements during a capital raising exercise and that assurance and audit opinions were misleading or deceptive.
• ICSID/treaty arbitration: Representing Australian mining companies in: (i) a ICC arbitration against the Republic of Congo following the revocation of its mining licence for the Nabeba-Mbalam Iron Ore Project; and (ii) a Joint Venture participant in the maritime boundary conciliation proceedings between Australia and the Democratic Republic of Timor-Leste under the UN Convention on the Law of the Sea
• Construction arbitration: Advising a tier-1 construction subcontractor in a A$150m+ ACICA arbitration (Sydney seat) against a multinational contractor in relation to a public infrastructure project on the East Coast of Australia.

• AMA Group in its purchase from SunCorp of Capital SMART Smash repair business and ACM Parts for A$440m in 2019, which involved two of the largest industry participants in the market.
• Bunnings in relation to its acquisition of Adelaide Tools.
• Glencore on a number of matters, including its successful application to the Australian Competition Tribunal and the subsequent appeal to the Federal Court, and ultimately in March 2018 the successful High Court case over access charges to the shipping channels of the Newcastle Port, the world's largest coal export port.

Corporate 

• Partners Group, on the M&A aspects and development and financing aspects on the Murra Warra wind farm project, one of the largest wind projects in Australia, and on its investment in the Bango Wind Farm, the third renewable wind farm investment in Australia under the landmark Grassroots Renewable Energy.
• Tobi Pearce and Kayla Itsines, and The Bikini Body Training Company Pty Ltd on the Series A investment by US private equity firm Norwest Equity Partners into The Bikini Body Training Company.
• PVH Corp., one of the world's largest fashion apparel companies, in connection with its acquisition of Gazal Corporation Limited, by way of scheme of arrangement.
• Five V Capital on its acquisition of funds ratings agency and investment research house Zenith Investment Partners.
• Pemba Capital Partners on the sale of secure ID and transaction cards company Placard to Swedish corporate ASSA ABLOY, for a headline purchase price of A$85 million.
• TBG AG, through its portfolio company DTN, on the purchase of a majority stake in Weatherzone, a leading provider of weather information, from Australian media conglomerate Nine Entertainment for a headline purchase price of A$30 million representing an EV of A$40 million.

Banking & finance

• A syndicate of international and domestic financiers, including ANZ, Bank of China, ING, National Australia Bank and Société Générale, to the Land Services WA Consortium on the financing and corporate aspects of the partial privatisation of Landgate, the Western Australian property and land data agency. This is the fourth privatisation of an asset of this kind in Australia (with previous privatisations being in respect of the New South Wales land titles registry, the South Australian land titles registry and Victorian land titles registry, all of which we also advised on).
• The lenders, arrangers and joint lead managers (comprising around 10 banks including Bank of America Merrill Lynch and Commonwealth Bank of Australia) on the $350 million multi-sourced refinancing of Endeavour Energy's initial acquisition financing, including the update and issuance under the MTN for Endeavour Energy, the refinancing of numerous debt facilities, an initial 'samurai' financing into the Japanese market, and the implementation of various bilateral facilities.
• HSBC Bank plc, and the other Active Bookrunners, in the syndication of Glencore's refinancing of its Short-term Revolving Credit Facilities.
• Macquarie Capital and Swancor Renewable Energy in their capacity as the initial sponsors, on Formosa II (376-MV), one of the largest offshore wind projects in Taiwan, including on the wind turbine construction and O&M packages with Siemens Gamesa, and the project financing package.
• Three syndicates of financiers to the Sydney Transport Partners consortium (led by Transurban) on its A$9.3 billion acquisition from the New South Wales government of a majority stake in WestConnex, the largest road infrastructure project and biggest privatisation currently in Australia.

Litigation & dispute resolution

• Deloitte, in relation to multiple proceedings arising from the collapse of the Dick Smith Group. This is complex, large-scale and high-profile litigation arising out of a major corporate collapse in Australia, involving at least 10 separate trial teams, cross-examination of approximately 30 lay witnesses and 16 expert witnesses, and a very large volume of documentary evidence. 
• Deloitte, in defending claims arising from the collapse of Hastie Group Limited, which was an ASX-listed, multinational mechanical (HVAC), electrical, hydraulics, fire and refrigeration services provider to the building and infrastructure sectors. Hastie had operations in Australasia, the UK and Ireland, and the Middle East, with more than 7,000 employees based at over 110 locations. Hastie collapsed in 2012 with debts in excess of AU$1 billion.
• We are acting for former and current Australian partners of Herbert Smith Freehills, in relation to their defence of multiple proceedings in the Supreme Court of New South Wales, arising out of the collapse of the Arrium Group.
• Tantalum, in an ongoing dispute with the Arab Republic of Egypt at ICSID. The matter is the first ever claim under the Australia-Egypt Bilateral Investment Treaty.
• Cortec Mining Kenya and its UK shareholders, in an ongoing investment dispute with the Republic of Kenya at ICSID. The dispute arises out of the 2013 revocation of a mining licence granted to Cortec Mining Kenya (CMK) over Mrima Hill, near Mombasa.

Antitrust & competition

• AMA Group in its purchase from SunCorp of Capital SMART Smash repair business and ACM Parts for A$440m in 2019, which involved two of the largest industry participants in the market.
• Bunnings in relation to its acquisition of Adelaide Tools.
• Glencore on a number of matters, including its successful application to the Australian Competition Tribunal and the subsequent appeal to the Federal Court, and ultimately in March 2018 the successful High Court case over access charges to the shipping channels of the Newcastle Port, the world's largest coal export port.

Legal 500 Asia Pacific 2024, Australia

• Tier 1 in Dispute resolution: arbitration

Client comments

• "Clifford Chance has an excellent team with depth and solid knowledge. They offer quick, professional responses and a solid understanding of commercial imperatives and choices."

Chambers and Partners, Australia: Banking & Finance: Acquisition Finance, 2024

• "Clifford Chance provided clear, practical advice. The communication between the team was good, and the whole team was up to speed with all the issues of the transaction."

Chambers and Partners, Australia: Corporate Finance: Acquisition Finance, 2024

• "They are very practical and commercially minded."
• "They know how to handle the unexpected and are solution-oriented."

Chambers and Partners, Australia: Corporate/M&A 2024

• "The team have extensive contractual dispute experience and a clear understanding of how best to position the negotiation points."
• "It's a strong team with deep experience."
• "They are very confident, friendly and user-friendly."

Chambers and Partners, Australia: Dispute Resolution 2024

• "It is an experienced, commercial, solution-oriented, approachable and responsive team. I am happy and comfortable with the service they provide."

Chambers and Partners, Australia, Private Equity 2024

• International Firm of the Year
  IFLR Asia Pacific Awards 2024
• M&A Team of the Year
  IFLR Asia Pacific Awards 2024
• Securitisation and Structured Finance Team of the Year
  IFLR Asia Pacific Awards 2024
• Specialist Award: Financial Services Regulatory – International
  IFLR Asia Pacific Awards 2024
• Asia-Pacific Law Firm of the Year
  Chambers Asia Pacific and Greater China Region Awards 2023
• Innovative Law Firm (headquartered outside of Asia Pacific)
  FT Innovative Lawyers Awards Asia 2023
• Innovative Lawyers in Transforming Industries
  FT Innovative Lawyers Awards Asia 2023
• Debt And Equity-Linked Capital Markets Team of the Year
  IFLR Asia Pacific Awards 2023
  
• Specialist Award: Financial Services Regulatory – International
  IFLR Asia Pacific Awards 2023