Norton Rose Fulbright Australia
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Dylan McKimmie is a litigation and arbitration partner with a national and international practice in commercial disputes, commercial risk management and investor-State arbitration.
Described by clients as a "pragmatic and outcome-driven", while Dylan's practice covers a wide range of commercial disputes, the focus is undoubtedly on the energy sector, and in particular the oil and gas industry where he acts for multi-national oil and gas majors. With his in-depth understanding of both his clients and the industries in which they operate, Dylan provides reliable, technically-astute and commercially-focussed advice on issues across both upstream and downstream operations.
As the leader of our "very capable and well-regarded arbitration team", Dylan leads a diverse team of driven, highly-motivated lawyers who have extensive trial experience and a track-record of obtaining successful judgments and awards. He has worked in jurisdictions around the world, and currently leads our team assisting with the defence of the highest value claim ever brought by a commercial enterprise in any jurisdiction in the world.
Ranked by Best Lawyers in litigation (2013-2024), alternative dispute resolution (2014-2022), international arbitration (2016-2024) and competition law (2017-2024), 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."
- 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
- Chevron ats CBI Constructors  WASCA 1 - successfully resisted an appeal against a first instance decision (Chevron v CBI Constructors  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.
- Advising a state in defence of a multi-billion dollar investor-state claim arising out of an allegedly failed mining project.
- TCL Air Conditioner (Zhongshan) Co Ltd v Judges of the Federal Court  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  VSC 553 - successful challenge to an arbitral award conferring jurisdiction on certain claims.
- 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 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.
- Oil & Gast Major - defended a USA headquartered Oil & Gas Major in defence of a $30m+ charter party arbitration. The dispute was settled for approximately 7% of the claim value.
- 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.
- A confidential LCIA arbitration award published in favour of our client, a Chinese buyer of scrap steel (2012)
- 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.
Energy sector litigation
- BP Australia Pty Ltd ats Shahin Enterprises Pty Ltd  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  QSC 293 - successful outcome in dispute about the termination of a high profile commercial agreement.
- Chevron Australia Pty Ltd v Valuer General  WASAT 7 – a successful appeal against land valuations for the site of a major LNG project.
- 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.
- Arrow Energy - represented Arrow Energy in Supreme Court proceedings to obtain orders regularising certain corporate filings.
- Petronas and Total ats APLNG - advising non-operating defendants in a dispute in the Supreme Court of Queensland about certain project agreements for a major CSG-LNG project.
- Beijing Joseph Investment Co Ltd ats Cauldron Energy Ltd  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.
- Multi-national Oil & Gas joint venture - advising the operator of a CSG-LNG project about disputes issues arising under a gas banking agreement.
Energy sector risk management
- 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 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.
- 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.
Non-energy sector commercial litigation
- AVS Property Pty Ltd v McMaster  FCAFC 81 - successful appeal in connection with the winding up of a managed investment scheme concerning a large-scale real property development project.
- Perth Airport ats Ridgepoint & Ors  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  FCA 60 - successful outcome in a claim about competing real property interests in the context of Federal regulations for Airports.
Australian Consumer Law prosecutions
- ACCC v Lorna Jane  FCA 852
- ACCC ats Ali  FCAFC 109
- ACCC v Smart Corporation  FCA 347
- ACCC v Geowash  FCA 72
- ACCC v Domain Name Corp  FCA 1269
- ACCC v Aveling Homes Pty Ltd  FCA 1470
- ACCC v Snowdale Holdings Pty Ltd  FCA 834
- ACCC v DuluxGroup (Australia) Pty Ltd  FCA 1286
- ACCC v Snowdale Holdings Pty Ltd  FCA 541
- ACCC v CLA Trading Pty Ltd  FCA 377
- ACCC v Derodi Pty Ltd  FCA 365
- ACCC v RL Adams Pty Ltd  FCA 1016
- ACCC v Pirovic Enterprises Pty Ltd  FCA 1028
- Rodi v State of Western Australia  HCA 44 - a successful appeal to the High Court concerning the duty of a prosecutor to disclose certain information to an accused person in criminal proceedings.
- Best Lawyers – Litigation, 2013–24
- Best Lawyers – Alternative Dispute Resolution, 2014–22
- Best Lawyers – International Arbitration, 2016–24
- Best Lawyers – Competition Law, 2017–24