image of Joel von ThienJoel von Thien

Clayton Utz Partner , Sydney T +61 2 9353 4619 +61 434 155 429 https://www.claytonutz.com

Joel brings over 20 years' experience in advising on complex commercial and regulatory matters specifically in relation to access agreements, supply/distribution arrangements, franchising, major projects, joint ventures, M&A, corporate advisory, regulatory compliance and licencing.

Joel has advised private sector and government clients on large scale corporate and commercial matters across a range of sectors including telecommunications, transport and logistics, life sciences and pharma, technology, and energy and resources.

Joel has a deep understanding of the issues critical to these industries to ensure risks are addressed and mitigated for clients.

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Expertise

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Infrastructure Access and Regulation

nbn: Joel is a key advisor to nbn in relation it’s a number of its key strategic arrangements, including:

  • its role throughout the Royal Commission into National Natural Disaster Arrangements, established in the aftermath of the unprecedented impact of Black Summer bushfires in December 2019/January 2020, looking at the preparedness of critical infrastructure during one of the nation's darkest hours;
  • its lead role in the national COVID-19 telecommunications working group, urgently authorised by the ACCC to allow a co-ordinated response by Australia's five largest telcos to the fundamental shifts in network traffic as Australian businesses and consumers moved online for work, learning and entertainment during COVID lockdown;
  • its arrangements with retail service providers, including Telstra, Optus, TPG, Vocus and other carriers, for the supply of wholesale broadband services , with respect to the introduction of the "multi technology mix" access technologies being FTTN, FTTB, HFC and FTTC;
  • its HFC subscriber arrangements with Optus;
  • its supply contract and managed service arrangements with ViaSat regarding its Satellite Mobility product;
  • its fixed wireless product;
  • its arrangements with delivery partners with respect the deployment, operations and maintenance of the nbn network; and
  • its network preference deal with Macquarie Telecom.

Optus: Joel has acted for Optus on a number of significant commercial contracting matters, these include:

  • significant project to modernise and restructure its residential and SMB Standard Form of Agreement, which included triage exercise across the full contract suite and a redraft of the standard customer terms;
  • restructure of its Australian business across more than 85 subsidiaries and multiple business divisions. The matter requires technical telecommunications and broadcasting regulatory, corporate and commercial, foreign investment rules, IT and stamp duty advice (among others), demonstrating the multi-disciplinary strength of our national practice; and
  • streamlining and automating its standard supplier contracts.

Government: Joel has advised various Government owned organisations regarding their telecommunications requirements including on licencing and other regulatory issues.

Powerlink Queensland: Joel advises Powerlink Queensland in relation to its telecommunication arrangements, including:

  • establishment of QCN Fibre, a special purpose telecommunications joint venture between Powerlink and Energy Queensland to use 6000km of fibre capacity in the electricity transmission network to supply carrier grade backhaul to regional Queensland;
  • specialist commercial and telecommunications advice regarding Powerlink's fibre backhaul arrangements; and
  • commercial and regulatory advice regarding Powerlink Queensland's fibre network.

Second Sydney Airport: Acting for the Commonwealth Government on the development of the new second Sydney international airport at Badgerys Creek.

See Infrastructure Access and Regulation

Healthcare & Life Sciences

Advises major pharma groups including Merck Sharpe & Dohme, Organon, Amgen and Eli Lilly regarding their Australian distribution and re-seller arrangements.

Advised Merck Sharpe & Dohme on Australian aspects of its demerger to form Organon.

See Healthcare and Life Sciences

Transport and Logistics

Pacific National: Joel has acted for Pacific National (Asciano's rail haulage business) in the negotiation and preparation of number of long-term coal haulage agreements, including Pacific National's Queensland coal haulage agreement with Rio Tinto Coal Australia and Xstrata Coal.

Second Sydney Airport: Acting for the Commonwealth Government on the development of the new second Sydney international airport at Badgerys Creek.

voestalpine VAE GmbH: Advised VAE in its successful bid to acquire the Bathurst Rail Fabrication Centre from Sydney Transport and Rail Corp, including negotiation of a long term supply agreement.

See Transport and Logistics

Energy and Resources

Power

Joel has acted for Origin Energy in a range of major acquisitions and projects, including:

  • its acquisition of Uranquinty Power Station;
  • its acquisition of electricity retailers, Integral Energy and Country Energy;
  • its acquisition of generation trading rights from Eraring Power Station (coal fired); and
  • its subsequent acquisition of Eraring Power Station.

He has also acted for a range of clients in relation to hydro power and wind farm acquisitions.


Gas

Joel has acted for:

  • Origin Energy in relation to the establishment of its joint venture with ConocoPhillips to form Australia Pacific LNG, a 50:50 CSG to LNG joint venture;
  • APLNG in relation to its Queensland LNG project including with respect to project agreements; and
  • equity subscription transactions with LNG buyers.

Mining and resources

Joel has acted for a range of clients involved in mining and resources projects. These include helping client with acquisitions and disposals of joint venture interests in coal and iron ore mining projects in New South Wales, Western Australia and Queensland.

See Energy and Resources

Corporate Governance

Joel advises ASX 200 companies on corporate governance.

See Corporate Governance

Corporate / M&A

Origin Energy: Joel has acted for Origin Energy in a range of major acquisitions and projects, including:

  • its acquisition of Uranquinty Power Station;
  • its acquisition of electricity retailers, Integral Energy and Country Energy;
  • its acquisition of generation trading rights from Eraring Power Station (coal fired); and
  • its subsequent acquisition of Eraring Power Station.

Nippon Steel: Joel acted for Nippon Steel on a range of projects, including advising on the US$1.36 billion joint venture with BlueScope Steel to establish a new coated products business in South-East Asia and North America.

Joel has also acted for a range of clients in relation to hydro power and wind farm acquisitions.


Retail & FMCG

Woolworths:

  • advised on Woolworths' long-term strategic fuel partnership with Caltex;
  • advised Woolworths on its long-term strategic fuel partnership with Euro Garage; and
  • advised Woolworths on commercial aspects of its new online marketplace platform

Suntory Group:

  • advised Suntory group on its the sale of the Cerebos Food & Instant Coffee business in Australia and New Zealand and Asian Home Gourmet Singapore business to The Kraft Heinz Company; and
  • advising Beam Suntory and Frucor Suntory on commercial aspects of their respective Australian operations.

See Corporate / M&A

Corporatisation and Privatisation

Origin Energy: Joel has acted for Origin Energy in a range of major acquisitions and projects, including:

  • its acquisition of electricity retailers, Integral Energy and Country Energy;
  • its acquisition of generation trading rights from Eraring Power Station (coal fired); and
  • its subsequent acquisition of Eraring Power Station.

See Corporatisation and Privatisation

Knowledge

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