PROFESSIONAL PRACTICE:
Anthony Papamatheos is an experienced commercial barrister. His practice focuses on corporations, energy, resources and mining matters as well as commercial, banking and insolvency disputes.
Anthony appears in superior courts and tribunals, for trials, interlocutory disputes and appeals. He appears for and advises many leading companies, including Fortescue, Barrick Gold, Strike Energy, Wesfarmers and Tattarang, as well as many other publicly listed exploration and mining companies.
Anthony has been listed as a leading barrister in Western Australia for both Litigation and Dispute Resolution and Insolvency and Reconstruction in Doyle’s Guide (in 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023) and in both 2022 and 2023 has been listed as one of the “preeminent” counsel for Western Australia.
His work involves obtaining results and finding practical and commercial solutions with clients. Recent matters include:
- Successful appeal to the High Court of Australia for Forrest & Forrest Pty Ltd concerning mining lease applications over the Minderoo Pastoral lease in Forrest & Forrest Pty Ltd v Wilson (2017) 262 CLR 510 (led by AJ Myers AC KC).
- Obtaining mining leases and project critical infrastructure licences and access for iron ore, gold, base materials and specialty mineral projects, including land access for Fortescue’s ~70mtpa mines at the Solomon Hub, and other Fortescue operations, WSM’s Kwinana operations, AGPL’s Balline Garnet project, VRX’s Arrowsmith and Muchea silica projects and Hawthorn/Gel’s Anglo Saxon gold project.
- Over 50 company takeover and reconstruction schemes in the Supreme Court of Western Australia, Supreme Court of New South Wales, Supreme Court of Victoria and Federal Court of Australia with $80 billion+ in cumulative deal value. These include the first solvent reconstructions in WA in three of Barrick Group’s $700m+ corporate reorganizations (2016, 2017 and 2018, unled), the first ever scheme of arrangement for the takeover of a foreign incorporated, ASX-listed, company (Redcliffe Resources, 2016, unled), the first trust scheme in WA (Perth Markets, 2019, unled).
- More recent takeover, restructure and re-domiciliation schemes, mostly unled, include Talon-Strike (2023), TMT-AVL (2023), OreCorp (2023), Allkem-Livent (2023), Essential Metals-Develop (2023), DDH1-Perenti (2023), Health House (2023), Vale Australia (2023), Bombardier Australia (2022), ResApp-Pfizer (2022), Oklo (2022), OzGrowth/Westoz (2022), Chevron Australia (2022), Swick Mining-DDH1 (2022), Big River Gold (2022), Vimy-Deep Yellow (2022), NTM Gold (2021), PetroNor (2021), Piedmont Lithium (2021), Galaxy-Orocobre (2021), Firefly (2021), Cassini-Oz (2020), Nzuri Copper (2019), Pacific Energy-QIC (2019), Patersons-Canaccord (2019), Navitas (2019), MacPhersons-Intermin (2019), Doray-Silver Lake (2019), Beadell Resources (2018), Decimal Software (2018), Tawana-Alliance (2018), Kangaroo Resources - PT Bayan (2018), SRG-GCS (2018), Excelsior-Spitfire (2018), Persol-Programmed (2017), Exterra-Anova (2017), Kore Potash (2017), Pan Pacific Petroleum-Zeta Resources (2017).
- Successful completion of the $20 billion+ Wesfarmers-Coles demerger by scheme of arrangement, one of Australia’s largest ever schemes of arrangement, acting for Wesfarmers Limited in the Supreme Court of Western Australia (2018) (led).
- Advising listed public companies on corporate control issues, ASX listing rules, Takeovers Panel matters, disclosure and other corporate governance issues, acting on curative relief applications under s 1322 of the Corporations Act 2001 and acting in market misconduct and continuous disclosure cases.
- Successfully defending the Australian Rugby Union Limited from claims by RugbyWA concerning the removal of the Western Force Super Rugby team from the Super Rugby Competition under agreements in an arbitration before Mr BA Coles QC in Sydney and also successfully resisting an appeal by RugbyWA to the NSW Supreme Court ([2017] NSWSC 1174) (led by JT Gleeson SC).
- Advising on complex contractual and statutory interpretation issues.
- Acting successfully on disputes concerning subscription agreements with listed public companies for securities and for vendor securities disputes (including Kestell v Davey [No 3] [2023] WASC 289).
- Recovery matters for banks, corporate advisors/brokers on their mandates, and insolvency practitioners for companies in liquidation, and other financial product and financial services disputes.
- Successful judicial review of decisions of the Minister for Mines to impose additional royalties on miners under the Mining Act 1978 (WA) as well as acting in private mining royalties disputes.
- Success in disputes concerning state agreements and large scale project tenement forfeiture cases, including defeating applications for forfeiture against Griffin Coal’s 60 coal mining leases (2013, led) acting for Hanking Gold in the successful resolution of applications for forfeiture against 130 tenements forming part of its Southern Cross Operations (2016, unled) and acting for Focus Minerals in successful resolution of applications for forfeiture against 40 tenements forming part of its operations (2020, unled).
He is a senior honorary research fellow at the Law School of the University of Western Australia, lectures in the Mergers & Acquisitions law unit and is a co-convenor of the bi-annual Corporate Control Forum at the Law School. Anthony has published a book and articles on schemes of arrangement and published and presented on contractual penalties, contract termination and damages for breach of contract, directors duties as to competing proposals in M&A and access to corporate books, and restitution claims.
He has a Bachelor of Laws (with Distinction) and a Bachelor of Commerce (in Corporate Finance) from The University of Western Australia. He practiced as a solicitor at a boutique commercial litigation firm before being called to the Bar in 2011.