Japan Group ABOUT ALLENS

Allens is a leading international 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 Our specialist Group provides clients with an in Australia, Asia and around the world. Our clients recognise excellent proficiency in the Japanese language but, even us for our commerciality, professionalism, integrity and more importantly, in Japanese business practice, intuitively technical expertise. We are praised for our innovative understanding the needs and business drivers of Japanese approach to complex work and delivering market-leading corporations and institutions. solutions to clients. We also help our clients navigate the legal and regulatory Allens has a long association with major Japanese companies issues that foreign investors face when considering investment with significant dealings in Australia and the Asia region. opportunities in Australia. Over the past two decades, we have advised almost 500 The Japan Group provides seamless support to our Japanese Japanese clients. In addition, the firm represents many of clients, whether advising in Australia or through our offices the largest and best-known Australian corporations and in Asia. multinationals dealing with Japanese counterparts.

Our office network in the Asia Pacific region

Allens’ integrated alliance with provides our clients with access to market leading lawyers through a global network of 40 offices across

28 countries. The alignment of our SEOUL TOKYO 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, , Shanghai, Beijing, , Bangkok, Jakarta, , , Seoul, , , , and .

Allens also has a close working relationship with leading law firms in Japan. 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 Oil and Gas Our experience in the mining sector goes back more than 100 Our experience includes structuring major oil and gas years. We have been involved in some of the most significant acquisitions and disposals, and the development and financing mining projects in Australia, and Asia, from day one. This of LNG and floating LNG projects, as well as coal seam gas and has given us an unparalleled understanding and track record shale gas projects in Australia and in the Asia region. Some of in providing advice, from significant matters through to advice the examples that involve Japanese parties are: on the day-to-day operations of mines. Some of the examples • advised a major Japanese energy company and its equity that involve Japanese parties are: partner on the project financing of Ichthys LNG project; • advised a Japanese utility company on its acquisition of an • acted for a Japanese utility company on its participation in interest in the Boggabri coal mine in NSW; the Pluto LNG project; • advised a leading Japanese trading house on financing • acted for a Japanese utility company on its participation in arrangements for the development of Caval Ridge coal mine the Wheatstone LNG project; in Queensland; • acted for a Japanese utility company on its acquisition of • advised financiers on loans for the acquisition of Minerva interest in the Gorgon LNG project; coal mining interests in Queensland; • advised a major Japanese energy company on the • acted for a leading Japanese trading house on the formation investment into the Prelude Floating LNG project; of a joint venture with Aquila Resources involving the • advised a Japanese utility company on its participation in transfer of a 50 per cent interest in the Isaac Plains coal mine the Crux Liquids project; in Queensland; • advised a leading Japanese trading house on its project • acted for four Japanese companies buying into a Queensland financing of Casino Gas field project; coal mining joint venture; • advised a leading Japanese trading house on its acquisition • for a leading multinational company defending litigation of an interest in the PNG LNG project; relating to its coal mine in Queensland, one of the world’s largest coking coal mines; • advised a major Japanese energy company and its equity partner on all aspects of the development of the Bayu • acted for a leading Japanese trading house and its joint Undan LNG project in Timor Leste; and venture partner for the financing and development of the Southdown Iron Ore Project in Western Australia; • acted for a major Japanese energy company on its development of Masela Floating LNG project in . • 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. Infrastructure & Projects Banking and Finance

We advise the public sector, sponsors, financiers, contractors, We are one of the few firms to feature on every major legal panel suppliers, consultants and insurers in relation to infrastructure and in the Australian finance market and we advise some of the world’s energy and resources projects. Some of the examples that involve leading financial institutions, corporates and governments across Japanese parties are: the Asian region. Some of the examples that involve Japanese • acted for the winning consortium’s bid to develop the Victorian parties are: Desalination Plant; • advised a syndicate of Japanese banks on the refinancing • acted for the Bombardier-led Consortium on its successful bid for of project financing for the Dampier to Bunbury natural gas the Queensland New Generation Rollingstock PPP; pipeline; • acted for a leading Japanese trading house on the off-take and • advised a major Japanese bank on its project financing on various project financing arrangements for Bald Hills Wind Farm project PPP projects, including Bendigo Hospital, Melbourne Convention in ; Centre, South Australia schools and Brisbane Airport; • advised on all aspects of development, including construction, • advised the Japanese arm of a global life insurance specialist on government support and project financing of the Nghi Son various property finance transactions in Australia; Refinery, Vietnam; • advised major Japanese banks on financings of various residential • advised as project and local finance counsel in relation to the property development matters in NSW; establishment of Vung Ang II power station in Vietnam, including • advised a major Japanese bank as the debt providers in the its project finance; US$400 million capital raising for Babcock & Brown Asia • provided a report to a Japanese government body on the public Infrastructure Fund (BBAIF); and private partnership (PPP) regulatory framework in Indonesia and • advised foreign banks on various loan, security, foreign currency, Vietnam; and and regulatory matters in Vietnam. • advised an international consortium on their successful bid to develop the CHP5 combined heat and power plant in Mongolia.

Competition Law M&A, Corporate & Commercial We advise a number of Japanese companies on competition We have advised on many of Australia’s largest M&A law issues, including merger control, cartel enforcement and transactions in recent years, demonstrating our team’s leniency, vertical and horizontal restraints, and compliance strength as one of the leading corporate practices in Australia. audits and training. In addition, our market-leading class We have also acted for Japanese clients in a number of cross- actions practice has supported Japanese clients in cartel border transactions and investments, including: ‘follow on’ proceedings. Our recent experience includes: • advised a leading Japanese trading house on its acquisition • acted for a major Japanese music publisher on the ACCC of interest in an Australian mining equipment rental merger control notification made in respect of its acquisition business; of the music publishing business from British multinational record company; • advised a leading Japanese trading house on its acquisition of interest in an Australian dairy manufacturer; • acted for a major Japanese music publisher on the ACCC merger control notification made in respect of its acquisition • advised a leading Japanese brewery on its acquisition of of its 50 per cent share in the music entertainment arm from interest in a brewery joint venture in Vietnam Bertelsmann AG; • advised a leading Japanese trading house on the • acted for a major Japanese cables manufacturer in relation establishment of a flour milling joint venture in Vietnam to Federal Court proceedings brought by the ACCC in respect with a South Korean food producer; of alleged cartel conduct in the high-voltage power cables • advised a leading Japanese trading house on its acquisition sector; of an interest in a commercial bank in Indonesia, the • acted for a major Japanese automotive parts manufacturer largest foreign investment to have been completed in the in relation to aspects of an ACCC cartel investigation in the Indonesian institutions sector; and automotive parts sector; and • with Linklaters, advised a Japanese consortium on its entry • acted for a major Japanese pharmaceutical manufacturer into the Myanmar telecommunications market. 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 Australian Law Firm a company’s oppressive conduct in withholding dividend ‘ payments; of the Year. • advised a Japanese IT services provider in several highly ’ technical managed services (outsourcing) disputes; • advised a Japanese ink manufacturer on industrial Chambers Asia Pacific 2017 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.

[Allens gets] the advice right IP and Patent & Trade Mark Attorneys ‘ We are one of the very few firms in the Asia-Pacific region that and the quality is offer a ‘one-stop-shop’ for the creation, commercialisation, management, protection and enforcement of IP rights. Our consistently there year on work for Japanese clients includes: • provided trade mark clearance, registration and year thanks to their depth of enforcement services to one of Japan’s major consumer knowledge of our business. electronics companies; ’ • represented a Japanese pharmaceutical company in patent Chambers Asia Pacific 2018 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. FUTURE GROWTH AREAS IN AUSTRALIA

INFRASTRUCTURE AGRIBUSINESS & FOOD HEALTHCARE

CLEAN ENERGY TECHNOLOGY REAL ESTATE

CONTACTS

Nigel Papi Matthew Whittle Penny Alexander Ryokichi Asaka Partner, Co-head of Japan Group, Partner, Co-head of Japan Group, Partner, Melbourne Senior Legal Advisor Sydney Melbourne T +61 3 9613 8513 (on secondment to Linklaters Tokyo) T +61 2 9230 5179 T +61 3 9613 8561 M +61 424 712 844 T +81 3 6212 1223 M +61 424 111 845 M +61 404 056 479 [email protected] M +81 70 4506 5158 [email protected] [email protected] [email protected]

Melissa Keane Julian Berenholtz Julian Barendse Managing Associate, Melbourne Managing Associate, Melbourne Senior Associate, Melbourne T +61 3 9613 8806 T +61 3 9613 8375 T +61 3 9613 8349 General enquiries in Japanese M +61 450 724 106 M +61 426 259 371 M +61 450 120 645 T +61 3 9613 8640 [email protected] [email protected] [email protected] [email protected]

16085D Allens is an independent partnership operating in alliance with Linklaters LLP. www.allens.com.au