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Waitsia Stage 2 gas project contractor goes into voluntary administration

Mitsui and Beach Energy have been advised on the voluntary administration of the contractor responsible for the construction of a joint gas project.

user iconLauren Croft 22 March 2023 Big Law
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Firm: Herbert Smith Freehills (Mitsui E&P Australia (Mitsui) and Beach Energy)

Deal: Herbert Smith Freehills has assisted Mitsui E&P Australia (Mitsui) and its 50 per cent joint venture partner, Beach Energy, in connection with the voluntary administration of Clough, the contractor responsible for the construction of the joint venture’s Waitsia Stage 2 gas project.

Value: N/A


Area: Restructuring and insolvency

Key players: The cross-office HSF team was led by the firm’s Perth office and corporate energy partner Graeme Gamble, who was assisted by David John and Mark Clifton, construction partners Toby Anderson, Dan Zador and Dan Dragovic, and employment partner Anna Creegan. Support was provided by executive counsel Derreck Goh, senior associates Frances Hewitt, Laurelle Ko, Laura Bowlt, Michael Lake, Katherine London, Mila Banovic, Sam Edwards and Kathryn Maric and solicitors Annabel Seow, Josh Kain, Sakura Kajimura and Jessie Sun.

Deal significance: Herbert Smith Freehills advised the joint venture in relation to all aspects of the matter, including engagement with Clough’s administrators, Deloitte, to ensure employee wages, subcontractors and suppliers continued to be paid and, ultimately, the negotiation of an agreement with Italy-based construction company Webuild to complete the Waitsia Stage 2 gas project.

The agreements, with both Clough’s administrators and Webuild, have ensured that the Waitsia Stage 2 gas project works have been able to continue, notwithstanding the administration.

“This was an important fast-paced matter for Mitsui and its joint venture partner Beach Energy, demonstrating the depth of our team and our ability to leverage resources across the country for our clients,” Mr Gamble said.

“This matter is an example of Herbert Smith Freehills’ leading role in ensuring the continued stability of Western Australia’s energy and infrastructure industry.”