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Australian Energy Producers Journal Australian Energy Producers Journal Society
Journal of Australian Energy Producers
RESEARCH ARTICLE

Recent developments in joint venture jurisprudence

Richard Brockett
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Ashurst

The APPEA Journal 56(1) 127-136 https://doi.org/10.1071/AJ15010
Published: 2016

Abstract

It is of vital importance to joint venturers and operators to understand and operate within the boundaries of their contractual framework. A number of recent cases relating to joint venture arrangements have been determined by both Federal and State courts. While each case reviewed is determined on the basis of its underlying facts and circumstances the judgments demonstrate how the courts may interpret and apply standard joint venture provisions. Importantly, the principles enunciated in these judgments may not align with how joint venturers understand their contractual arrangements. This paper reviews recent developments impacting joint ventures and identifies trends that will be relevant for the industry as a whole.

Richard Brockett is a senior associate in the Ashurst energy end resources group. He has a broad range of M&A and commercial experience in the resources sector, acting particularly for Asian clients investing into Australia. He regularly drafts and negotiates joint venture agreements relating to resource developments and advises clients in respect of their rights under their existing agreements. He is now progressing his PhD at the University of Queensland looking at the regulation of unconventional gas in Queensland and Australia.

richard.brockett@ashurst.com