Brett Cohen
Clayton Utz
Partner
Perth
An excellent practitioner, liked by his clients, who I'd have no hesitation in recommending.
– Chambers Asia-Pacific
Overview
Brett is a partner in our corporate group who focuses on the energy, resources and infrastructure sectors, and is the Partner in Charge of our Perth office. A corporate and commercial lawyer with a diverse practice, Brett advises on acquisitions and divestments, cross-border investment, project development, joint ventures, royalties and streaming arrangements and commodity/utility sales arrangements.
He has assisted a range of industry participants on transactions and projects in the mining, petroleum, power generation and distribution, renewable energy, infrastructure, water and agribusiness sectors.
Brett is recognised as one of Australia's leading corporate and natural resources lawyers in Chambers, Legal 500 Asia-Pacific, IFLR1000 Best Lawyers Australia, Who's Who and Doyle's Guide.
Notable Work
- Squadron Energy (part of the Forrest family's Tattarang Group): on its acquisition of CWP Renewables, comprising a broad portfolio of wind, solar and firming projects in New South Wales and Victoria – one of Australia’s largest ever renewable energy transactions. Also advised Squadron Energy on the development of its regasification terminal and proposed gas-hydrogen power station at Port Kembla.
- Tianqi Lithium Corporation: on its joint venture with IGO limited and divestment of a 49% interest in its Australian lithium operations, valuing the investment at $1.9 billion. Also advised on the development of its lithium hydroxide processing plant in Kwinana, Western Australia.
- Glencore: on various matters in its nickel division, including acquisitions and divestments, project development, energy supply and procurement arrangements.
- Alcoa: on major project acquisitions and divestments and upstream and downstream gas supply arrangements.
- Wright Prospecting Pty Ltd: on the landmark agreement with Rio Tinto to modernise their joint venture for the Rhodes Ridge iron ore joint venture, one the largest and highest quality undeveloped iron ore deposits in the world. Also advised Wright Prospecting on royalty entitlements arising from the extraction of iron ore and proprietary interests in various mining tenements in Western Australia.
- Synergy: Western Australia's largest electricity generator and retailer, on various renewable energy projects and investments.
- Talison Lithium: one of the world's largest lithium concentrate suppliers, in relation to various project development and operational matters concerning its lithium mining and processing operations in Greenbushes, Western Australia (the world's largest lithium resource). Also advised Talison in relation to cornerstone electricity offtake arrangements from the East Rockingham Resource Recovery Facility waste-to-energy project
- Mitsui E&P: on the development of the Waitsia project in WA – one of the largest undeveloped onshore gas resources in Australia, being developed by Mitsui as operator (Mitsui 50% / Beach Energy 50%).
- ConocoPhillips: on the US$1.39 billion sale of its Northern Australian and East Timorese assets to Santos following a corporate restructure of ConocoPhillips' interest in APLNG.
- Agrium Inc.: on its acquisition by scheme of arrangement of AWB for over AU$1 billion and its subsequent sale of the AWB commodities business to Cargill (US) for AU$870M.
Insights
Digging into mining royalties – what are they and how are they are used?
22 Aug 2024 | Article
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Capacity investment in Australian renewable energy projects – applications now open and first set of tender guidelines released for Government revenue underwriting scheme
13 Jun 2024 | Article
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Domestic gas reservation policies – are they a good thing or a bad thing?
23 May 2024 | Article
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Guarantee of Origin Scheme for Hydrogen and Renewable Energy to become law in 2024
4 Oct 2023 | Article
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Energy & Resources joint ventures – making sure you're ready to deal with a failure to fund
7 Jul 2023 | Article
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Get ready for fast-tracked investment for critical minerals and clean energy in Australia under new US-Australia Compact
22 May 2023 | Article
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Media Release: Clayton Utz advises Squadron Energy on acquisition of CWP Renewables
8 Dec 2022 | Media Release
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Media Release: Clayton Utz congratulates Wright Prospecting on Rhodes Ridge JV milestone with Rio Tinto
19 Oct 2022 | Media Release
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China establishes mineral resources group to centralise iron ore purchasing
4 Aug 2022 | Article
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FIRB application fees will double from 29 July: what you need to know
25 Jul 2022 | Article
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Media Release: Clayton Utz advises Anglo Pacific Group plc on US$185m acquisition of base metals royalties from South32
21 Jul 2022 | Media Release
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Media Release: Clayton Utz acts as Australian counsel to Tianqi Lithium on US$1.7bn IPO and listing in Hong Kong
18 Jul 2022 | Media Release
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Recent updates to the critical minerals industry: what you need to know
14 Apr 2022 | Article
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Media Release: Clayton Utz advises Wyloo Metals on its acquisition of Noront Resources
8 Apr 2022 | Media Release
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Media Release: Clayton Utz advises Wyloo Metals on its downstream nickel processing opportunities strategic partnership with IGO Limited
17 Feb 2022 | Media Release
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Media Release: Clayton Utz advises Kirkland Lake Gold Ltd on successful merger of equals with Agnico Eagle Mines Limited
10 Feb 2022 | Media Release
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New WA procurement regulations raise the stakes for government suppliers
25 Nov 2021 | Article
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Media Release: Clayton Utz acts for US-based Lilac Solutions on investment in 'Lithium Triangle' Kachi project
24 Sep 2021 | Media Release
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Federal Court's final orders in children's novel climate change case clarify duty of care, but impact still to play out
9 Jul 2021 | Article
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Media Release: Clayton Utz team advises Tianqi on completion of lithium JV with IGO Limited
5 Jul 2021 | Media Release
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Streamlining bureaucracy: Efficiency improvements proposed for approvals processes under the Mining Act 1978 (WA)
27 May 2021 | Article
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Three significant climate change developments in Australia and overseas with implications for resource projects
27 May 2021 | Article
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China's unofficial trade ban on Australian commodities: Does your supply contract provide relief if you can no longer perform?
23 Dec 2020 | Article
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Significant Australian foreign investment reforms commencing 1 January 2021
11 Dec 2020 | Article
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Media Release: Clayton Utz acted on A$1.9 billion Tianqi Lithium joint venture with IGO Limited
11 Dec 2020 | Media Release
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WA allows witnessing of affidavits and statutory declarations remotely during the COVID-19 pandemic
15 Oct 2020 | Article
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NSW launches remote witnessing pilot scheme; Treasurer remakes e-signing arrangements for companies
29 Sep 2020 | Article
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Parent company guarantees - "pay now, argue later", or "argue now, not argue later"?
17 Sep 2020 | Article
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Company directors and secretaries allowed to sign documents electronically, and clarity on company meetings, in new COVID-19 measures
6 May 2020 | Article
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Costs and possibly travel relief for WA tenement holders and the mining sector in response to COVID-19
8 Apr 2020 | Article
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ASX and ASIC COVID-19 capital raising and other measures to provide temporary relief for ASX-listed entities
1 Apr 2020 | Article
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Bushfires, floods and coronavirus COVID-19: Does your contract's force majeure clause provide any relief?
5 Mar 2020 | Article
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Caveats under the WA Mining Act… just because you say so doesn't mean it's true
21 Mar 2019 | Article
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Media Release: Clayton Utz advises Alcoa on new gas supply agreements with BHP, Chevron and Woodside
18 Dec 2018 | Media Release
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A new Beetaloo Sub-basin Water Control District – fracking inquiry recommendation implemented
2 Aug 2018 | Article
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Clayton Utz advises Canada's Copper Mountain Mining Corporation on Altona Mining acquisition and ASX listing
24 Apr 2018 | Media Release
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Draft Social Impact Assessment Framework for NT hydraulic fracking inquiry released ‒ have your say
25 Jan 2018 | Article
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Clayton Utz advises Canada's Kirkland Lake Gold Inc. on ASX debut
4 Dec 2017 | Media Release
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Majority rules! Parliament acts to make Indigenous land use agreements viable again
14 Jun 2017 | Article
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Legislative fix for McGlade native title decision to confirm ILUAs due this week
14 Feb 2017 | Article
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Clayton Utz advises MMG Limited on the US $210 million sale of Golden Grove mine to EMR Capital
13 Jan 2017 | Media Release
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