Japan Group
ABOUT ALLENS Allens is a leading international law firm with offices throughout Australia and Asia. With 190 years of commercial practice experience, we have a distinguished reputation. We work with many of the world s leading organisations including 55 of the world s top 100 companies and more than 75 of Australia s top 100 companies. We offer our clients access to leading lawyers and resources in Australia, Asia and around the world. Our clients recognise us for our commerciality, professionalism, integrity and technical expertise. We are praised for our innovative approach to complex work and delivering market-leading solutions to clients. Allens has a long association with major Japanese companies with significant dealings in Australia and the Asia region. Over the past two decades, we have advised almost 500 Japanese clients. In addition, the firm represents many of the largest and best-known Australian corporations and multinationals dealing with Japanese counterparts. Our specialist Japan Group provides clients with an excellent proficiency in the Japanese language but, even more importantly, in Japanese business practice, intuitively understanding the needs and business drivers of Japanese corporations and institutions. We also help our clients navigate the legal and regulatory issues that foreign investors face when considering investment opportunities in Australia. The Japan Group provides seamless support to our Japanese clients, whether advising in Australia or through our offices in Asia. Our office network in the Asia Pacific region Allens integrated alliance with Linklaters provides our clients with access to market leading lawyers through a global network of 40 offices across 28 countries. The alignment of our complementary practices enables us to offer an integrated service to clients, with one point of contact, a unified team drawn from the most appropriate resources of each firm and consistent quality advice and support. We are long established in the Asia region with offices in Tokyo, Hong Kong, Shanghai, Beijing, Singapore, Bangkok, Jakarta, Hanoi, Ho Chi Minh City, Seoul, Brisbane, Melbourne, Sydney, Perth and Port Moresby. Allens also has a close working relationship with leading law firms in Japan. TOKYO SEOUL
The in-depth knowledge of our Japan Group, coupled with the extensive experience of our other sectors and practice groups, allows us to advise on the key areas of interest to Japanese business investors in Australia and the Asia region. Allens and the Japan Group have very broad and extensive experience in the key areas of interest to Japanese business investors in Australia and the Asia region. We advise on: > Arbitration > Banking & Finance > Capital Markets > Class Action > Climate Change > Company Secretariat > Competition, Consumer & Regulatory > Construction & Major Projects > Data Governance, Data Services, Privacy & Cyber > Disputes & Investigations > Employment & Safety > Energy > Environment & Planning > Financial Services Regulation > Funds Management > Head Office & Governance > Insurance & Reinsurance > Intellectual Property > International Business Obligations > Mergers & Acquisitions > Patent & Trade Marks > Personal Property Securities > Private Equity > Project Finance > Real Estate > Regulatory Investigations > Resources > Restructuring & Insolvency > Superannuation > Tax > Technology & Outsourcing > Water Mining Our experience in the mining sector goes back more than 100 years. We have been involved in some of the most significant mining projects in Australia, Africa and Asia, from day one. This has given us an unparalleled understanding and track record in providing advice, from significant matters through to advice on the day-to-day operations of mines. Some of the examples that involve Japanese parties are: advised a Japanese utility company on its acquisition of an interest in the Boggabri coal mine in NSW; advised a leading Japanese trading house on financing arrangements for the development of Caval Ridge coal mine in Queensland; advised financiers on loans for the acquisition of Minerva coal mining interests in Queensland; acted for a leading Japanese trading house on the formation of a joint venture with Aquila Resources involving the transfer of a 50 per cent interest in the Isaac Plains coal mine in Queensland; acted for four Japanese companies buying into a Queensland coal mining joint venture; for a leading multinational company defending litigation relating to its coal mine in Queensland, one of the world s largest coking coal mines; acted for a leading Japanese trading house and its joint venture partner for the financing and development of the Southdown Iron Ore Project in Western Australia; drafted and negotiated the engineering, procurement and construction (EPC) contract for the iron ore processing facility and associated infrastructure at the Mesa A mine in Western Australia; and acted for a Japanese-Indonesian smelting company on the project financing of a new copper smelting plant in Gresik, East Java. Oil and Gas Our experience includes structuring major oil and gas acquisitions and disposals, and the development and financing of LNG and floating LNG projects, as well as coal seam gas and shale gas projects in Australia and in the Asia region. Some of the examples that involve Japanese parties are: advised a major Japanese energy company and its equity partner on the project financing of Ichthys LNG project; acted for a Japanese utility company on its participation in the Pluto LNG project; acted for a Japanese utility company on its participation in the Wheatstone LNG project; acted for a Japanese utility company on its acquisition of interest in the Gorgon LNG project; advised a major Japanese energy company on the investment into the Prelude Floating LNG project; advised a Japanese utility company on its participation in the Crux Liquids project; advised a leading Japanese trading house on its project financing of Casino Gas field project; of an interest in the PNG LNG project; advised a major Japanese energy company and its equity partner on all aspects of the development of the Bayu Undan LNG project in Timor Leste; and acted for a major Japanese energy company on its development of Masela Floating LNG project in Indonesia.
Infrastructure & Projects We advise the public sector, sponsors, financiers, contractors, suppliers, consultants and insurers in relation to infrastructure and energy and resources projects. Some of the examples that involve Japanese parties are: acted for the winning consortium s bid to develop the Victorian Desalination Plant; acted for the Bombardier-led Consortium on its successful bid for the Queensland New Generation Rollingstock PPP; acted for a leading Japanese trading house on the off-take and project financing arrangements for Bald Hills Wind Farm project in Victoria; advised on all aspects of development, including construction, government support and project financing of the Nghi Son Refinery, Vietnam; advised as project and local finance counsel in relation to the establishment of Vung Ang II power station in Vietnam, including its project finance; provided a report to a Japanese government body on the public private partnership (PPP) regulatory framework in Indonesia and Vietnam; and advised an international consortium on their successful bid to develop the CHP5 combined heat and power plant in Mongolia. M&A, Corporate & Commercial We have advised on many of Australia s largest M&A transactions in recent years, demonstrating our team s strength as one of the leading corporate practices in Australia. We have also acted for Japanese clients in a number of crossborder transactions and investments, including: of interest in an Australian mining equipment rental business; of interest in an Australian dairy manufacturer; advised a leading Japanese brewery on its acquisition of interest in a brewery joint venture in Vietnam advised a leading Japanese trading house on the establishment of a flour milling joint venture in Vietnam with a South Korean food producer; of an interest in a commercial bank in Indonesia, the largest foreign investment to have been completed in the Indonesian institutions sector; and with Linklaters, advised a Japanese consortium on its entry into the Myanmar telecommunications market. Banking and Finance We are one of the few firms to feature on every major legal panel in the Australian finance market and we advise some of the world s leading financial institutions, corporates and governments across the Asian region. Some of the examples that involve Japanese parties are: advised a syndicate of Japanese banks on the refinancing of project financing for the Dampier to Bunbury natural gas pipeline; advised a major Japanese bank on its project financing on various PPP projects, including Bendigo Hospital, Melbourne Convention Centre, South Australia schools and Brisbane Airport; advised the Japanese arm of a global life insurance specialist on various property finance transactions in Australia; advised major Japanese banks on financings of various residential property development matters in NSW; advised a major Japanese bank as the debt providers in the US$400 million capital raising for Babcock & Brown Asia Infrastructure Fund (BBAIF); and advised foreign banks on various loan, security, foreign currency, and regulatory matters in Vietnam. Competition Law We advise a number of Japanese companies on competition law issues, including merger control, cartel enforcement and leniency, vertical and horizontal restraints, and compliance audits and training. In addition, our market-leading class actions practice has supported Japanese clients in cartel follow on proceedings. Our recent experience includes: acted for a major Japanese music publisher on the ACCC merger control notification made in respect of its acquisition of the music publishing business from British multinational record company; acted for a major Japanese music publisher on the ACCC merger control notification made in respect of its acquisition of its 50 per cent share in the music entertainment arm from Bertelsmann AG; acted for a major Japanese cables manufacturer in relation to Federal Court proceedings brought by the ACCC in respect of alleged cartel conduct in the high-voltage power cables sector; acted for a major Japanese automotive parts manufacturer in relation to aspects of an ACCC cartel investigation in the automotive parts sector; and acted for a major Japanese pharmaceutical manufacturer in relation to class action proceedings in the Federal Court against participants in the worldwide vitamin cartel.
Litigation, Dispute Resolution and Insolvency We advise a number of Japanese companies on commercial litigation and dispute resolution in the areas of contractual disputes, resources, employment, insolvency, competition law, transfer pricing, corporate governance and product liability. In addition, a number of our partners and lawyers have practised in litigation and dispute resolution in Japan, giving them a good understanding of the intricacies of the Japanese legal and business systems. Our recent experience includes: acted for a Japanese investor in an Australian coal mine dispute in relation to its contractual right to a dividend and a company s oppressive conduct in withholding dividend payments; advised a Japanese IT services provider in several highly technical managed services (outsourcing) disputes; advised a Japanese ink manufacturer on industrial relations, enterprise bargaining matters and assisting with a redundancy and restructure program, including by representing the client in the FWC; acted for a major Japanese trading house in relation to an unfair preference claim brought by the liquidators of a renewable energy retailer; acted for a Japanese utility in relation to the voluntary administration of Nexus Energy; and actedfor Japanese companies in taxdisputesagainst the ATO. Australian Law Firm of the Year. Chambers Asia Pacific 2017 IP and Patent & Trade Mark Attorneys We are one of the very few firms in the Asia-Pacific region that offer a one-stop-shop for the creation, commercialisation, management, protection and enforcement of IP rights. Our work for Japanese clients includes: provided trade mark clearance, registration and enforcement services to one of Japan s major consumer electronics companies; represented a Japanese pharmaceutical company in patent infringement proceedings before the Federal Court of Australia; provided trade mark clearance, registration and general portfolio services to a Japanese chemicals company, specialising in the manufacturing of nappies for both babies and adult incontinence, feminine hygiene products and pet care products; provided ongoing patent advice and registration work to the Australian arm of a major Japanese company relating to electronic climate control of shipping containers; and provided trade mark clearance, registration and portfolio services to a major Japanese manufacturer of high-quality golfing goods. [Allens gets] the advice right and the quality is consistently there year on year thanks to their depth of knowledge of our business. Chambers Asia Pacific 2018
FUTURE GROWTH AREAS IN AUSTRALIA INFRASTRUCTURE AGRIBUSINESS & FOOD HEALTHCARE CLEAN ENERGY TECHNOLOGY REAL ESTATE CONTACTS Nigel Papi Partner, Co-head of Japan Group, Sydney T +61 2 9230 5179 M +61 424 111 845 Nigel.Papi@allens.com.au Matthew Whittle Partner, Co-head of Japan Group, Melbourne T +61 3 9613 8561 M +61 404 056 479 Matthew.Whittle@allens.com.au Penny Alexander Partner, Melbourne T +61 3 9613 8513 M +61 424 712 844 Penny.Alexander@allens.com.au Ryokichi Asaka Senior Legal Advisor (on secondment to Linklaters Tokyo) T +81 3 6212 1223 M +81 70 4506 5158 Ryokichi.Asaka@linklaters.com Melissa Keane Managing Associate, Melbourne T +61 3 9613 8806 M +61 450 724 106 Melissa.Keane@allens.com.au Julian Berenholtz Managing Associate, Melbourne T +61 3 9613 8375 M +61 426 259 371 Julian.Berenholtz@allens.com.au Julian Barendse Senior Associate, Melbourne T +61 3 9613 8349 M +61 450 120 645 Julian.Barendse@allens.com.au General enquiries in Japanese T +61 3 9613 8640 Japanservices@allens.com.au 16085D Allens is an independent partnership operating in alliance with Linklaters LLP. www.allens.com.au