Dylan McKimmie

Partner
Norton Rose Fulbright Australia

Perth
Australia
T:+61 8 6212 3291
Perth
Australia
T:+61 8 6212 3291
Dylan McKimmie

Dylan McKimmie

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Biography

Dylan McKimmie is an energy sector litigation and arbitration partner based in our Perth and Brisbane offices, and the leader of our oil and gas practice in Australia. He leads a team of lawyers who have extensive trial experience, with a track-record of obtaining successful judgments and awards.

Described by clients as a "pragmatic and outcome-driven" litigator, Dylan and his team act for clients from various jurisdictions including North America, the United Kingdom and Australia, including some of the world's largest oil and gas companies, government regulators and a range of public and private corporations.

Ranked by Best Lawyers in litigation (2013-2020), alternative dispute resolution (2014-2020), international arbitration (2016-2020) and competition law (2017-2020), Dylan's practice encompasses formal disputes, both international arbitration and court litigation, advising clients on managing contentious matters to avoid formal proceedings and assisting clients that are responding to critical incidents and regulatory action (investigations and enforcement).


Professional experience

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  • Bachelor of Law, Queensland University of Technology 1994
  • High Court of Australia 1997
  • Supreme Court of Queensland 1996
  • Supreme Court of Victoria 2003
  • Supreme Court of Western Australia 2010

Energy (oil & gas)

  • BP Australia Pty Ltd ats Shahin Enterprises Pty Ltd [2019] SASC 12 – a successful defence of breach of contract claims.
  • BP Australia Pty Ltd ats Velocity Frequent Flyer Pty Ltd [2017] QSC 293 - successful outcome in dispute about the termination of a high profile commercial agreement.
  • Chevron Australia Pty Ltd v Valuer General [2019] WASAT 7 – a successful appeal against land valuations for the site of a major LNG project.
  • Oil & Gas Major – representing a USA headquartered Oil & Gas Major in defence of a $400m claim made in an arbitration arising out of a large scale LNG project.
  • Oil & Gas Major – defended a USA headquartered Oil & Gas Major in defence of a $30m+ charter party arbitration. Settled for approximately 7% of the claim value.
  • Oil & Gas Major – advised a USA headquartered Oil & Gas Major following a significant critical incident affecting a drilling rig on a large scale LNG project.
  • Oil & Gas Major – advised a USA headquartered Oil & Gas Major in relation to fatality at sea in connection with a large scale LNG project.
  • Oil & Gas Major – advised a Middle-East based Oil & Gas Major in relation to access arrangements.
  • Oil & Gas Major – advised a USA headquartered Oil & Gas Major in relation to regulatory issues concerning airport access arrangements supporting a large scale LNG project.
  • Oil & Gas Contractor – represented an international oil & gas contractor in relation to an arbitration concerning claims valued at in excess of $140m following the construction of critical infrastructure on a large scale LNG project.
  • Bechtel & Ors ats BTAC [2017] WASC 19 - successful outcome in defending a pre-action discovery application.

Infrastructure, mining & commodities

  • Beijing Joseph Investment Co Ltd ats Cauldron Energy Ltd [2016] WASC 22 - shareholder dispute concerning a uranium mine investment, successfully resisted most of the plaintiff's claims after being instructed on the eve of the trial.
  • A confidential LCIA arbitration award published in favour of our client, a Chinese buyer of scrap steel (2012).
  • AVS Property Pty Ltd v McMaster [2010] FCAFC 81 - successful appeal in connection with the winding up of a managed investment scheme.

Transport

  • Perth Airport ats Ridgepoint & Ors [2014] WASCA 235 - successful appeal in a dispute about the meaning of a setlement deed.
  • Perth Airport Pty Ltd ats BGC (Australia) Pty Ltd [2013] FCA 60 - successful outcome in a claim about competing real property interests in the context of Federal regulations for Airports.

Technology & innovation

  • A confidential Shenzhen Court of International Arbitration award published in favour of our client, an Australian buyer of industrial machinery supplied by a Chinese manufacturer (2015).
  • TCL Air Conditioner (Zhongshan) Co Ltd v Judges of the Federal Court [2013] HCA 5 - High Court challenge to the constitutional validity of the International Arbitration Act.
  • TCL Air Conditioner (Zhongshan) Co Ltd ats Castel Electronics Pty Ltd - international arbitration award where our client, the respondent, was found liable for less than 10% of the claim value (2010).
  • TCL Air Conditioner (Zhongshan) Co Ltd v Castel Electronics Pty Ltd [2009] VSC 553 - successful challenge to an arbitral award conferring jurisdiction on certain claims.

Competition and Australian Consumer Law prosecutions

  • ACCC v Geowash [2019] FCA 72
  • ACCC v Aveling Homes Pty Ltd & Anor [2017] FCA 1470
  • ACCC v Snowdale Holdings Pty Ltd [2017] FCA 834
  • ACCC v DuluxGroup (Australia) Pty Ltd [2016] FCA 1286
  • ACCC v Snowdale Holdings Pty Ltd [2016] FCA 541
  • ACCC v CLA Trading Pty Ltd [2016] FCA 377
  • ACCC v Derodi Pty Ltd & Anor [2016] FCA 365
  • ACCC v RL Adams Pty Ltd [2015] FCA 1016
  • ACCC v Pirovic Enterprises Pty Ltd [2014] FCA 1028
  • ACCC v Domain Name Corp & Ors [2018] FCA 1269

Pro Bono

  • Rodi v State of Western Australia [2018] HCA 44
  • Best Lawyers – Litigation, 2013–20
  • Best Lawyers – Alternative Dispute Resolution, 2014–20
  • Best Lawyers – International Arbitration, 2016–20
  • Best Lawyers – Competition Law, 2017–20
  • English