Energy

Gilbert + Tobin's energy specialists work on market-leading projects and transactions that shape the Australian energy sector. We advise on all aspects including acquisitions and disposals (including large scale portfolios), project development and delivery strategies, project financings, construction, procurement, operations, regulation, policy, and disputes.

Our team’s mix of experience enables us to advise on a project’s entire lifecycle across all areas of the energy sector, including renewables, oil and gas, power and utilities.

We understand the challenges energy sector players face in this rapidly changing market, subject to increasing regulatory scrutiny. Our energy clients trust us to apply our expertise and work with them in navigating these challenges.

    Our Approach

    Our multi-disciplinary team includes project, project finance, regulatory, infrastructure, construction, operational and corporate specialists who all have deep experience advising on Australia’s most complex energy market transactions and projects. Our partners and lawyers are deeply connected in the energy industry, government and the business community in Australia.

    We have worked on many renewable projects around the country. We have also worked on projects involving some of the more recent developments in the energy space, including battery storage, waste to energy and behind-the-meter projects.

    Our Energy services include:

    • All aspects of M&A involving energy assets, including public company takeovers and schemes, private acquisitions and disposals, due diligence (including tenement searches) and regulatory approvals (including Foreign Investment Review Board applications).
    • All aspects of project development and project financings.
    • Negotiation and documentation of state agreements, farm-in agreements, joint venture agreements, option agreements, royalty agreements, split commodity agreements, compensation agreements and toll treatment agreements.
    • Construction, procurement, operations, power purchase and other commercial contracts.
    • Planning and environmental approvals and land tenure arrangements (including native title issues).
    • Warden’s court matters, including objections to tenement applications and other disputes and occupational health and safety regulations.
    • Structuring investments in renewable energy related funds.

    For more information on Clean Energy, please visit our Clean Energy + Decarbonisation expertise page.

    Our experience includes advising:

    • Powering Australia Renewables Fund (PARF) on its successful $NZ2.96 billion acquisition of the Tilt Renewables portfolio of wind, solar and battery operating and development projects, one of the largest acquisitions of its type in Australia.
    • GE Renewables on various EPC and O&M contracting tasks.
    • Cubico on its investment into the Delburn Wind Farm.
    • Infigen on the $1.438 billion off market takeover battle for Infigen by UAC Energy and Iberdrola SA. Infigen is Australia’s largest listed renewable energy generator. This deal won Mergermarket Australia M&A Awards Energy Mining & Utilities M&A Deal of the Year in 2020.
    • Tilt Renewables on the $1.073 billion sale of the Snowtown 2 Wind Farm, the second-largest wind farm in Australia and the biggest transaction of its type in Australia.
    • Veolia on its ground-breaking project for a new $450 million waste-to-energy facility in WA – the first of its kind in Australia.
    • A syndicate of lenders in connection with the A$3.5 billion debt facilities to fund the Snowy 2.0 pumped-hydro power station project.
    • Tilt Renewables on the project financing of the 130MW Waipipi Wind Farm in South Taranaki, New Zealand, the first project financed wind farm in New Zealand.
    • ANZ Bank as senior lender on its A$90 million acquisition and portfolio financing facility made available to commercial rooftop solar provider, CPE Renewable Investment Unit Trust (CPERI), a funding vehicle joint venture between First Sentier Investors and CleanPeak Energy.
    • National Australia Bank Limited and Sumitomo Mitsui Banking Corporation as financiers to Fotowatio Renewable Ventures, funding the multimillion-dollar construction of the Clare Solar Farm project.
    • RATCH on all aspects of the development of the 180 MW Collector wind farm in New South Wales and the 200 MW Mt Emerald Wind Farm.
    • NSW Treasury on the Network Electricity Reform Program involving the integration of the three NSW electricity distributors, Essential Energy, Endeavour Energy and Ausgrid.
    • Ausnet on the development, structuring and operation of a ‘behind-the-meter’ commercial and industrial roof-top solar PPA business in Australia.
    • Jemena on the development, structuring and operation of a ‘behind-the-meter’ commercial and industrial roof-top solar PPA business in Australia.
    • UBS Infrastructure Fund and REST Super TRUST Acting on the acquisition and project financing of the 206 MW, $740 million Collgar Wind Farm; at the time Western Australia’s largest renewable energy project.
    • Alinta Energy in relation to tenure, land access and approval matters generally, and in respect of their power transmission infrastructure in the Pilbara, Western Australia, including for the Roy Hill Project.
    • Engie on swap arrangements with Origin Energy relating to the Pelican Point power station in South Australia, under which Origin supplies gas to Pelican Point and ENGIE provides power to Origin (to supply South Australian customers).
    • The world’s largest private equity deal in the energy & resources sector - Harbour Energy on its $14.4 billion bid for Santos.
    • Beach Energy Limited on its AU$1.585 billion acquisition of Lattice Energy Limited (Origin’s conventional upstream oil and gas business) from Origin Energy Limited (together with multiple related gas offtake arrangements). This deal won Energy & Resources Deal of the Year at the Australasian Law Awards in 2018.
    • Wesfarmers Limited on the sale of its 13.2% stake in Quadrant Energy for US$170 million.
    • Jadestone Energy on its US$195 million acquisition of the Montara offshore oil project from PTTEP.

    Chambers states about the team: "hard-working, commercial and common-sense approach to negotiations.” Another singles out the firm's experience in the       sector, adding: "They have strong knowledge, are responsive and have a deep bench of associates."

    Chambers Asia-Pacific Energy & Natural Resources 2021

    Awarded the Energy Mining & Utilities M&A Deal of the Year for advising Infigen on the off market takeover battle for Infigen by UAC Energy and Iberdrola SA.

    MERGERMARKET AUSTRALIA M&A AWARDS 2020

    "They are user-friendly and not high maintenance and got the job done without getting rattled."

    Chambers Asia-Pacific Energy & Natural Resources 2020

    Gilbert + Tobin Energy and Resources Group - Winners of the 2020 Beaton Client Choice Awards for the Best Provider to Mining, Oil and Gas.

    "Broad expertise across all the areas we need to use them for." 

    Chambers Asia-Pacific Energy & Natural Resources 2019

    The team's prominence in the mining sphere attracts positive comment, one interviewee noting that it has the human resources to handle "more detailed work," while other sources emphasise the particularly high reputation of its work on behalf of mining companies targeting outbound opportunities, one stressing its especially good relationships with "the most entrepreneurial corporates" in this respect.

    CHAMBERS ASIA_PACIFIC: Energy + Resources

    "Clients note its relevant expertise and responsiveness as well as its ability to "establish and mobilise a team which is tailor-made to the job" 

    Chambers Asia-Pacific Energy & Natural Resources 2019

    Awarded the Energy & Resources Deal of the Year for advising Wesfarmers on its sale of its stake in Quadrant Energy to Santos.

    Australasian Law Awards 2019

    Awarded the Energy & Resources Deal of the Year for advising Beach Energy Limited on its $1.585 billion acquisition of Lattice Energy Limited, the conventional upstream oil and gas business of Origin Energy Limited.

    Australasian Law Award 2018

    "They have a client centric culture and their forward looking approach to the delivery of legal services is an element which sets them apart." 

    Chambers Asia-Pacific Energy & Natural Resources 2018