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 Brisbane and Perth 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, and is a key part of our "very capable and well-regarded arbitration team."

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

He is regarded as "an extremely good lawyer, and also a delightful and engaging person to work with. He has a wide-ranging practice and excellent contacts, and is in the mode of the true international practitioner, particularly for large petrochemical and project work."  He was named in the inaugural Lawdragon Global Litigation 500 as a lawyer who is "routinely called upon to advise the world's leading corporations and powerbrokers … [who] know their way around global business battlefields."

Ranked by Best Lawyers in litigation (2013-2023), alternative dispute resolution (2014-2022), international arbitration (2016-2023) and competition law (2017-2023), Dylan's practice encompasses formal disputes, both international arbitration and domestic court litigation, as well as advising clients 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

  • Chevron ats CBI Constructors [2023] WASCA 1 - successfully resisted an appeal against a first instance decision (Chevron v CBI Constructors [2021] WASC 323) that ruled an arbitration award should be set aside because the tribunal was functus officio when it made the award. Uniquely, this case is the first Australian case to set aside an award because the tribunal was functus relying on a particular provision of hte Commercial Arbitration Act, as well as being a case where factual findings made by the tribunal were successfully challenged. 
  • BP Australia Pty Ltd ats Shahin Enterprises Pty Ltd [2019] SASC 12 – a successful defence of breach of contract claims, and the first case to consider the interaction between the Privacy Act and contractual rights to information.
  • 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.
  • Chevron ats CBI & Kentz - representing Chevron 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 against a sub-contractor in a London arbitration concerning claims valued in excess of $140m following the construction of critical infrastructure on a large scale LNG project. The award dismissed nearly all of hte sub-contractor's claims.
  • TEC Hedland (TransAlta) v The Pilbara Infrastrucure (FMG) - represented TEC in a long-running Supreme Court dispute about the commissioning of a gas fired power plant that settled less than 24 hours before a 6 week trial was to commence.
  • Oil & Gas Major - advised a European headquartered Oil & Gas Major in relation to a drilling contract dispute concerning claims valued in excess of $40m.
  • Oil & Gas Major - advised a USA headquartered Oil & Gas Major about the risk of 'greenwashing' claims.
  • Oil & Gas Major - advised a USA headquartered Oil & Gas Major about the domestic and international regulatory regime for exporting hazardous waste.
  • Thai energy company - representing a Thai energy company in a London arbitration concerning claims made against it arising out of an investment agreement for a European asset.
  • Multi-national Oil & Gas joint venture - advising the operator of a CSG-LNG project about disputes issues arising under a gas banking agreement. 
  • Arrow Energy - represented Arrow Energy in Supreme Court proceedings to obtain orders regularising certain corporate filings. 
  • Large state-owned operator of a major coal-fired power station - assisting the operator of a power station respond to a critical incident that resulted in the destruction of a significant portion of its generating capacity. 

Infrastructure and mining

  • Advising a state in defence of a multi-billion dollar investor-state claim arising out of an allegedly failed mining project.
  • 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 concerning a large-scale real property development project.

Transport

  • Perth Airport ats Ridgepoint & Ors [2014] WASCA 235 - successfully defended an appeal in a dispute about the meaning of a settlement 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

  • 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.
  • 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.
  • 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.

Australian Consumer Law prosecutions

  • ACCC v Lorna Jane [2021] FCA 852
  • ACCC ats Ali [2021] FCAFC 109
  • ACCC v Smart Corporation [2021] FCA 347
  • ACCC v Geowash [2019] FCA 72
  • ACCC v Domain Name Corp [2018] FCA 1269
  • ACCC v Aveling Homes Pty Ltd [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 [2016] FCA 365
  • ACCC v RL Adams Pty Ltd [2015] FCA 1016
  • ACCC v Pirovic Enterprises Pty Ltd [2014] FCA 1028

Pro Bono

  • Rodi v State of Western Australia [2018] HCA 44
  • Best Lawyers – Litigation, 2013–23
  • Best Lawyers – Alternative Dispute Resolution, 2014–22
  • Best Lawyers – International Arbitration, 2016–23
  • Best Lawyers – Competition Law, 2017–23
  • English