David Jewkes

Partner
Norton Rose Fulbright Australia

Perth
Australia
T:+61 8 6212 3225
Perth
Australia
T:+61 8 6212 3225
David Jewkes

David Jewkes

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Biography

David Jewkes is a corporate lawyer based in Perth with extensive cross-border experience, particularly in the Australian and Asian markets. 

David has a particular focus on public mergers and acquisitions (hostile and agreed bids and schemes of arrangement), equity capital market transactions (IPOs and secondary raisings including rights issues and placements), Takeovers Panel proceedings and general corporate work, including shareholder activist matters. 

David has worked in Perth, Hong Kong and Melbourne, and has completed secondments with the Takeovers Panel Executive based in Melbourne and South32 Limited in Perth.  

David has previously worked in our Perth and Hong Kong offices between 2006 and 2013.


Professional experience

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  • Bachelor of Laws, University of Notre Dame Australia (2005)
  • Bachelor of Commerce, University of Notre Dame Australia (2005)
  • Recipient of University Founders Scholarship (academic scholarship for the duration of studies)
  • Supreme Court of Western Australia 2007
  • High Court of Australia 2018

Equity capital markets

  • Paladin Energy Limited – on its proposed debt and equity restructure to defer the maturity of US$220 million worth of convertible bonds, among other things and subsequent restructure pursuant to a deed of company arrangement and transfer of 98% of Paladin's issued share capital to creditors with approval of the Court under section 444GA of the Corporations Act (Winner TMA Restructuring Deal of the Year 2018).
  • South32 Limited – on its share buy-back, including legal considerations across each of its ASX, LSE and JSE listings.
  • Hony Capital Partners, L.P. – on its $500 million strategic placement to Santos Limited and participation in the fully underwritten $2.5 billion renounceable accelerated entitlement offer.
  • An oil and gas and energy services company – on its proposed, but ultimately abandoned, initial public offering and listing of its securities on the ASX.
  • South32 Limited – on its $11.7 billion demerger from BHP Billiton and subsequent listing on the ASX, JSE and LSE.
  • Kansai Electric Power Co., Inc. – on its acquisition of a 1.2% equity interest in the Ichthys LNG Project from INPEX (worth US$310 million) and the establishment of various Australian subsidiaries which were used as the investment vehicles.
  • Neptune Marine Services Limited – on its pro-rata non-renounceable entitlement offer to raise approximately $61 million.
  • NRW Holdings Limited – on its successful $250 million initial public offering and listing on the ASX.

 

Mergers and acquisitions 

  • ASG Group Limited – on its acquisition for $350 million by Nomura Research Institute by scheme of arrangement.
  • APA Group – on its successful $130 million unconditional takeover bid for all of the stapled securities in Ethane Pipeline Income Fund.
  • Resource Capital Fund VI L.P. – on the terms of a US$6.5 million convertible debt facility provided by RCF to Ausenco Limited and on RCF's subsequent acquisition of Ausenco for $150 million by scheme of arrangement.
  • Base Resources Limited – on its ultimately unsuccessful approximately $10 million scrip takeover bid for all of the ordinary shares in World Titanium Resources Limited.
  • Aquila Resources Limited – on its response to the $1.4 billion unsolicited joint off-market cash takeover bid by Baosteel Resources Australia Pty Ltd and Aurizon Operations Limited.
  • Ebooks Corporation Limited (unlisted public company) – on its $28 million acquisition by a subsidiary of Cambridge Information Group by scheme of arrangement.

 

Takeovers Panel

  • Yancoal Australia Limited 02 & 03 [2017] ATP 15 – advised Yancoal's major shareholder Yanzhou in relation to the association alleged by Senrigan and Noble between Yanzhou / Yankuang and each of Lucion, Cinda and Glencore.
  • Molopo Energy Limited 01 & 02 [2017] ATP 10 and 03R, 04R & 05R [2017] ATP 12 – advised Molopo on its successful application to the Takeovers Panel alleging an association between Molopo shareholders Keybridge Capital Limited and Aurora Funds Management Limited.
  • Gondwana Resources Limited 02 [2014] ATP 15 – advised Peter Bryant and Duncan Merrin in their successful defence of association allegations made in an application to the Takeovers Panel by Ochre Group Holdings Limited.
  • Hastings Rare Metals Limited [2013] ATP 13 – advised Hastings on its successful response to an application to the Takeovers Panel by Mr Foon Keong (Charles) Lew.
  • Midwest Corporation Limited 02 [2008] ATP 15 – advised Sinosteel Corporation Limited on its successful application to the Takeovers Panel alleging acquisitions of Midwest shares by Murchison Metals Limited and Harbinger Fund in breach of the Foreign Acquisitions and Takeovers Act 1975 (Cth), meaning that the acquisition of control of Midwest occurred in a way other than in an efficient, competitive and informed market.
  • Winner M&A Deal of the Year and shortlisted for M&A team of the year by International Financial Law Review 2008
  • FinanceAsia's Deal of the year 2008 and FinanceAsia's Best M&A Deal of the year for Asia 2008
  • Winner TMA Restructuring Deal of the Year 2018.
  • "Time to embrace rebuttable presumptions on association issues in the Takeovers Panel?"  Available online.  KWM Insights.  28 August 2017.
  • "10 things you need to know about the Takeovers Panel this year."  Available online. KWM Insights. 1 December 2016.
  • "Publication of scoping studies – a path forward."  Available online. KWM Insights. 11 November 2016.
  • "Forward looking information in the mining and resources industry – Let's cut to the chase, we need reform."  Available online.  KWM Insights.  16 June 2016.
  • "Do takeovers panels teams need new skills?"  Available online. Lexology. August 2013.
  • "Takeovers Panel returns to costs orders." Available online. Lexology. September 2012.
  • Western Australian Law Society (2006)
  • English