Damian Quail has practiced as a lawyer for over 20 years in the corporate, business, resources, software and technology fields. He has managed many large transactions, including major investments, farm-in and joint ventures, asset sales, share sales and capital raising transactions. He has recently worked on a number of large gold exploration, mining, agribusiness and construction contract matters.
Damian adopts a pragmatic approach with a strong focus on ensuring his advice adds value to his client's businesses. Finding solutions to a problem and ensuring legal advice is an enabler of a transaction, rather than a barrier to completing a deal, is foremost in Damian's approach.
Damian has significant experience outside of the Law, and this experience drives a focus to ensure time is not wasted on legal issues which are not commercially important. He previously worked in corporate finance and management consulting, with a focus on financial modelling, deal evaluation, strategy development and capital raising.
He is currently a director of seven junior gold exploration companies and he has also co-founded four start-ups. Damian also worked at a national law firm specialising in oil and gas and resources matters.
Damian is an elected Executive Committee member and Secretary of the WA Mining Club. He manages the Club's Scholarship program on a voluntary basis, and has overseen awarding of over 15 scholarships to students interested in entering the mining industry.
Damian is a member of the Australian Mining and Petroleum Law Association, Law Society of Western Australia, WA Mining Club, Association of Mining and Exploration Companies, the Australian Institute of Company Directors and the Family Business Association.
Damian was a founding trustee of the Rotary Club of Crawley Charitable Foundation, having obtained Deductible Gift Recipient (DGR) status for the Foundation on a pro-bono basis.
Damian is a Director of Williams + Hughes and is based in our West Perth office.
Damian is married with three young children. When not working Damian and his family enjoy travelling overseas, and have visited about 70 countries to date.
Expertise
- Corporate Advice, Business Services & Commercial Contracts
- Mining, Exploration & Mining Services
- Mergers & Acquisitions
- Agribusiness, Aquaculture & Farming
- Construction Contracts & Subcontracts
- Software Licensing, Support & Maintenance
- IT Contracts & Procurement
- Mergers & Acquisitions - IP & IT
- IP Portfolio Management, Strategies & Audits
- Commercialisation Advice - IP & IT
Some of the significant matters Damian has advised on include:
- Completed all legal work, since 2010 to date, for TSX listed Novo Resources Corp, holders of a large tenement position in Western Australia. Work completed for Novo includes: establishing all Australian subsidiaries; completing all Australian legal compliance work;advising in relation to mine development process; and advising in relation to employment issues.
- Acted for a joint venture company in negotiation and preparation of all agreements needed for construction and operation of a $110 million diesel fuel terminal in South Australia. Prepared EPC contract, shareholders agreement, facility lease agreement, terminal services agreement and related documents. Extensive negotiation with Japanese parties;
- Successfully advised major Australian agribusiness company on several high value acquisitions in New South Wales, Victoria, Tasmania and Western Australia covering protein meals, rendering, abalones, rock lobster and piggeries. Also successfully prepared contracts for $10m expansion of commercial piggery and prepared contracts for expansion of animal waste rendering facility and pork abattoir. Also provides extensive day to advice on leases, commercial fishing permits, trading terms and commercial contracts;
- Acted for Australian based gold miner in successfully restructuring of $87 million debt financing facility, including extensive negotiations with security trustees and investment banks in New York and Sydney. End to end restructuring advice concerning debt note facility linked to gold price, warrant deeds, security trust deeds, etc;
- Acting for an Australian listed gold explorer lodging a bid for an operating gold mine in the Republic of Niger. Extensive assistance with due diligence, advising in relation to the Mining Code of Niger and negotiating an Asset Sale Agreement and related documents;
- Successfully advised listed Australian gold explorer farming into mining permits in the Republic of Burkina Faso, including negotiating farmin and royalty Agreements;
- Successfully advised a Silicon Valley based software company in relation to acquisition of a software business from an Australian vendor, including preparing an Asset Sale Agreement, intellectual property licenses, and related documentation;
- Prepared Oil and Gas Services Agreements for an Australian company delivering oil and gas pipeline services in Bangladesh and Thailand;
- Prepared numerous farmin and joint venture agreements for listed and non listed exploration companies;
- Prepared numerous land access and compensation agreements for exploration on private land;
- Prepared numerous software license agreements, EUSLAs and other software contracts (including SaaS);
- Prepared numerous subcontractor and procurement (including plant hire) agreements for mining services companies supplying to major resources construction projects;
- Acted for Malaysian business in relation to restructuring its 50% shareholding in a medium sized Australian freight and transport services business;
- Successfully advised an Australian based mining services company in setting up a complex new business to exploit global resources opportunities. This involved establishing a Limited Partnership and a General Partnership in the Cayman Islands, including preparing Limited and General Partnership Agreements, Management Agreements, Investment Agreements and associated administrative documentation. The client was intending to secure resource projects in Hungary, Cambodia, Laos and other higher risk jurisdictions in Asia and Africa;
- Advised an Australian listed gold exploring company in relation to an existing gold exploration joint venture in Liberia. This included reviewing the Mining Code of Liberia and advising in relation to surrender and withdrawal of tenements;
- Advised North American oil and gas company in relation to redomiciling Australian company with oil and gas assets in Turkey from Australia to Bermuda;
- Acted for an Australian based company that entered into a manufacturing agreement for sports nutritional supplements with an American based manufacturer;
- Prepared numerous distribution agreements, terms and conditions, consulting contracts, etc; and
- Advised an Australian listed mining company in relation to renegotiating existing Farmin Agreements for tenements located in the Republic of Niger. This involved complex negotiations between companies based in Australia, Niger and Canada.