The Hot 40 feature is ALB’s subjective guide to the lawyers, managing partners and CEPs who have kept us inspired and intrigued throughout the year. It is not intended to be a guide to the most meritorious professionals in the industry – the ALB Law Awards exist to fulfil that loftier purpose – but we hope that this guide will entertain you, and act as a reminder of some of the highlights – and lowlights – of the tumultuous year that is now drawing to a close.
The big moves
Lateral movements, promotions, retirement – here are some of the big moves of 2009.
1. John Weber
Chief executive partner
Minter Ellison
Following the departure of Guy Templeton, John Weber stepped into the CEP role at Minter Ellison at the start of the year. It’s been an eventful year at the firm, which saw the appointment of chairman Russell Miller and an Australian top three placing in the Corporate Social Responsibility index – an area in which the firm continues to be a market leader.
2. Rob Fisher
Former chairman
Simpson Grierson
This year Simpson Grierson farewelled one of the true gentlemen of the industry when Rob Fisher concluded his tenure as chairman and took up a new role at the Auckland Transition Agency. Fisher is also well known outside the legal fraternity for his work in the rugby scene, including serving as a director of the Rugby World Cup – and with the new Auckland super council proving to be a hot issue, this high profile is set to continue.
3. Kevin Jaffe
Chairman
Simpson Grierson
Jaffe is the new man in the hot seat at Simpson Grierson following Fisher’s departure. Jaffe, who is a specialist corporate and securities lawyer, has said that the firm will continue to focus on growth in its corporate & commercial and banking & finance practices. Meanwhile it’s challenging times ahead for another traditional Simpson Grierson specialty – local government.
4. Bruce Hambrett
Chairman (Australia)
Baker & McKenzie
In August, Baker & McKenzie elected partner Bruce Hambrett to the position of chairman, succeeding Andrew Salgo, who had held the position for the last four years. But Hambrett won’t be giving up the insolvency and restructuring work just yet – the appointment as chairman is in a part time capacity and Hambrett will continue in his role as head of the firm’s insolvency & corporate restructuring team.
5. Alex Baykitch
Partner
Holman Fenwick
Seems like 2009 was the year when international firms rekindled their interest in Australia. Maritime specialist Holman Fenwick, which already had a presence in Melbourne, announced the opening of a Sydney office, to be headed up by former Blake Dawson partner Alex Baykitch. The firm said that the Sydney expansion had always been part of its long term strategy from the time it first entered the Australian market in 2006.
6. Adrian Tembel
Chief executive partner
Thomson Playford Cutlers
Adrian Tembel was named as the new Chief Executive Partner of Thomson Playford Cutlers in April, succeeding Brett Goodridge in the role. Tembel takes charge of one of the rising stars of the profession, with Thomson Playford being named Adelaide firm the year for the second consecutive time at the 2009 ALB Awards. The firm also entered the Melbourne market in January, absorbing the local operations of Dibbs Abbott Stillman.
7. Angus Henderson
Partner
Webb Henderson
Give the marketing people at Webb Henderson credit for pure cheek. When former Gilbert + Tobin partner Angus Henderson joined Auckland-based MGF Webb, the firm changed its name to Webb Henderson, and proclaimed its rebirth as a new “top tier, next generation” firm in the telecommunications and media space. We welcome this new addition to the “big seven”. If Danny Gilbert has taught us anything, big things can evolve from modest – or perhaps not so modest – origins.
8. Philip Hoser
Partner
Jones Day
Ex-Freehills partner Hoser has joined Jones Day to help the firm go where few international firms have dared to tread – taking on Australian firms in making a full service offering. Most international firms, with the notable exception of Baker & McKenzie, have avoided competing directly with local firms, but Hoser predicts that more US firms will begin to take an interest in the Australian market.
9. John Chrisman
Managing partner (Sydney)
Dorsey & Whitney
Norton Rose isn’t the only firm eyeing Australia as a potential springboard for Asia work. Dorsey & Whitney opened its doors in Sydney earlier this year, citing a desire to further develop its US capital markets practice and expand its focus on India and Greater China. It’s a move which bespoke vision and confidence and Chrisman, with his long experience in the Asia-Pacific, is the right man to lead the firm in its latest foray.
The strategists
10. David Fagan
Chief executive partner
Clayton Utz
While most firm revenues took an inevitable slide during the GFC – indeed, some firms declined to release their 2009 figures at all – Clayton Utz has been something of a quiet achiever, maintaining growth at a rate in excess of its comparable rivals. Fagan is an astute commentator on the industry and a rare example of a law firm boss who is not afraid to speak his mind.
11. Don Boyd
Chief executive partner
Deacons
Deacons’ courting of Norton Rose was one of the industry’s biggest stories of the year and now the legacy of those best laid preparations will all come down to one question: will it work? All eyes will be on Boyd and his Norton Rose counterpart Peter Martyr as Deacons cuts ties with its Hong Kong namesake and becomes part of the global Norton Rose brand.
12. Robert Milliner
Chief executive partner
Mallesons
It’s not just about the revenue. While Mallesons did clock up Australia’s highest law firm revenue (A$551m) last year, other aspects of Milliner’s leadership also command respect. His international vision for Mallesons, his willingness to speak on the record about his vision and his stewardship of the Large Law Firm Group and his advocacy of national legal profession reform all explain the esteem with which Milliner is held by the industry and his being named as ALB’s Managing Partner of the Year.
13. Tony Crawford
CEO
DLA Phillips Fox
Amid all the Norton Rose hoopla, spare a thought for the other “global” Australian firm. Long time stalwart Tony Crawford has announced that he will step down at the end of the year and leave the firm in early 2010. He’s overseen remarkable change at the firm, including the negotiation of the DLA Piper alliance and the defection of key insurance specialists to boutique firms. What does the future hold for DLA Phillips Fox?
14. Damian Paul
Managing director
M+K Lawyers
Macpherson+Kelley (M+K) Lawyers is the latest in a string of expansionist Melbourne firms and managing director Damian Paul, an astute operator, is likely to achieve his ambitions. 97% of the firm’s revenue was earned in Victoria last year, but Paul predicts that this will drop to 70% and ultimately 40% over the next five years. In an interesting move, the firm has also developed an expertise in Islamic compliant finance.
15. Tony Macvean
Managing partner
Hall & Wilcox
Macvean’s strong strategic management and emphasis on collaborative culture has paid dividends for Hall & Wilcox. Strong revenue growth and growth in both fee-earners and support staff were among the factors which saw the firm win the Melbourne firm of the year award at the 2009 ALB Awards. That’s not an easy category to win either – some of the industry’s biggest movers and shakers call Melbourne home.
16. Brett Heading
Chairman of partners
McCullough Robertson
Queensland firms have certainly distinguished themselves over the past year. Thynne & Macartney was crowned the fastest growing firm in Australia for 2008, but that wasn’t enough to secure the title of Brisbane Firm of the Year at the 2009 ALB Awards. Brett Heading’s McCullough Robertson won on that score, on the back of achievements such as the opening of a Newcastle office and advising on some landmark deals in the resources sector.
17. John Nerurker
CEO
Mills Oakley
Call him Mr Organic Growth. While Nerurker’s firm didn’t win last year’s ALB Fast 10 survey of the fastest growing firms, his results were notable for showing strong revenue growth with only modest growth in fee earners and no acquisitions, which is an endorsement of the effectiveness of the firm’s growth strategy. ALB will unveil our 2009 winner in the December issue.
18. John McLean
CEO
Jackson McDonald
Solid growth in a slowing market, a new green energy practice and a “best practice” parental leave policy are some of the reasons why McLean’s Jackson McDonald picked up the Perth law firm of the year award at the 2009 ALB Awards – a category which it has dominated for several years. Partner Basil Georgiou was on hand to accept the award on behalf of the firm.
The dealmakers
So you think 2009 was a quiet year for deals? Try asking these lawyers for their opinion.
19. Peter Cook
Partner
Mallesons
Cook was a pivotal part of the Mallesons team which advised on the record-breaking but ultimately unsuccessful Chinalco investment into Rio Tinto. Cook is just one of the big names in the Mallesons galaxy of stars who went on to pick up the Australian Deal Team of the Year prize at the ALB Awards. Tim Bednall, who accepted the award on behalf of the team, has also had a noteworthy year, advising Challenger on its $385m mortgage business sale to NAB.
20. James Gibson
Partner
Bell Gully
The New Zealand deal scene is a long way from the heady days of 2007, but Gibson and his Bell Gully team have had a consistent involvement in the key deals which have occurred, including Danone Asia’s sale of its subsidiary drinks company Frucor to Suntory – one of many transactions in the Australia-New Zealand beverage sector of late. The team went on to win the gong for NZ Deal Team of the Year at the 2009 ALB Awards.
21. Philippa Stone
Partner
Freehills
We try to include new faces in this feature each year. Honest. But there are some lawyers who appear on headline deals in any given year with such regularity that each year, there are fresh reasons for including them in the Hot 40. The reasons this year? Try Bupa’s A$2.4bn acquisition and demutualisation of MBF, Commonwealth Bank’s capital raising and A$2.1bn acquisition of BankWest and QBE’s A$8bn merger proposal for IAG. Oh, and there’s also the small matter of Stone being named Australian Dealmaker of the Year at the 2009 ALB Awards.
22. Tony Damian
Partner
Freehills
When Philippa Stone won Australian Dealmaker of the Year at the ALB Awards, she had to beat some tough competition from within her own firm. Damian has an impressive list of headline deals to his name, including the US$2.5bn Santos- PETRONAS partnership to develop the Gladstone LNG project which transformed the coal seam methane gas sector and Commonwealth Bank’s A$2.1bn acquisition of BankWest.
23. Ewen Crouch
Chairman of partners
AAR
Evergreen M&A expert and perennial Hot 40 resident Ewen Crouch returns to the list for 2009. Since last year’s appearance in the Hot 40, Crouch has advised on Australia’s largest corporate merger (Westpac- St George), won the ALB award for Deal of the Year and taken on new responsibilities in his role as Chairman of Partners at AAR.
24. David Williamson
Partner
Blake Dawson
The strategic manoeuvres of BHP Billiton have kept the corporate world enthralled over the past 12 months and one lawyer who’s been closer than most to the action is Blake Dawson’s David Williamson, who was the lead advisor on BHP's bid for Rio Tinto and more recently advised the mining giant on its US$100bn iron ore production joint venture with Rio Tinto. And it’s not all about mining - Williamson also advised ANZ on its US$550 million acquisition of Royal Bank of Scotland’s retail, wealth and commercial businesses in Asia.
25.Pat Bowler
Partner
Russell McVeagh
Russell McVeagh picked up seven nominations at the 2009 ALB Awards and one of the highlights of the night must have been partner Pat Bowler being named NZ Dealmaker of the Year. This continues the firm’s recent dominance of this category – colleague Pip Greenwood was the 2008 dealmaker of the year. Will another firm break the stranglehold in 2010?
26. Brendan Groves
Partner
Clayton Utz
Are IPOs back in vogue? That was the question on everyone’s lips as the A$248m Carsales.com offering broke the GFC-induced IPO drought in August. Groves, who acted for underwriter Macquarie on the deal, will count this is one of the highlights of 2009 – but he’s also advised on Goodman Group's $1.8bn raising, and Gunns Limited's A$145 million accelerated entitlement offer.
27. Jonathan Wenig
Partner
Arnold Bloch Leibler
And advising Carsales.com Ltd on its IPO was ABL’ s Jonathan Wenig, who is no stranger to landmark IPOs – he advised on the listing of Slater & Gordon on the ASX in 2007. While Slater & Gordon didn’t exactly spark a rush of firms seeking to become listed, one suspects that the Carsales.com Ltd float will be a true marketing turning point.
28. Gary Lawler
Partner
Gilbert + Tobin
Gilbert + Tobin is the mid-size firm that keeps punching well above its weight. As joint head of Gilbert + Tobin’s M&A group, Lawler must have taken particular satisfaction at the firm’s role as sole legal adviser to Westpac on its A$47bn merger with St. George Bank. The efforts of Lawler and his colleagues in the M&A and competition team, as well as their counterparts at Skadden Arps and AAR were acknowledged at the 2009 ALB Awards.
Leading lights
We acknowledge those who have shone in their particular field of expertise – whether it be advising in a particular area of law, steering a firm with a particular specialisation or, in one case, simply a dogged belief that defending one’s expert opinion is a question of principle.
29. Jeff Clark
Partner
Mallesons
PPPs have been an important part of the economic landscape in 2009. Clark advised on one of the largest PPPs of the year – the Victorian government’s desalination plant. Clark’s team advised acted for the senior financiers and mezzanine financiers to the AquaSure Consortium. AAR, led by partner Leighton O’Brien and Clayton Utz, led by partners Dan Fitts, Marcus Davenport and Naomi Kelly, were also heavily involved.
30. Bill Papastergiadis
Managing partner
Moray & Agnew
Moray & Agnew prefer to focus on the national picture rather than on any one particular market, but the achievements of the firm’s Melbourne office under managing partner Papastergiadis are a clear stand out. The Melbourne operation, which had five partners in 2006, has since grown to 13 partners and increased its revenue by over 120%. Nationally, the firm has also recorded solid growth.
31. David Kearney
Managing partner
Wotton + Kearney
And speaking of insurance, it was Wotton + Kearney who edged out Morays and an equally worthy field of competitors to take out the 2009 ALB Insurance Specialist Firm of the Year award. With an enviable client base and strong revenue growth, Kearney and his firm disprove the old adage that insurance work isn’t profitable. Ever the optimist, Kearney is also keen to disprove another insurance-related adage: that workflow drops when the economy improves. We’ll be watching with interest.
32. Bryan Pape
Barrister and lecturer
UNE
When there’s a principle at stake, you gotta do what you gotta do. That seemed to be Bryan Pape’s philosophy in April when he unsuccessfully mounted a High Court challenge to the Rudd Government’s economic stimulus plan which would see payments of $900 apiece made to Australian taxpayers. Amid the howls of outrage and increasingly vindictive abuse, Pape maintained that the principle – the protection of State rights and the prevention of the abuse of Commonwealth powers – was worth the price.
33. James Marshall
Partner
Blake Dawson
No surprise to find this man busy during a downturn. The rising tide of corporate distress has had liquidators and administrators hollering for a Marshall, and he is currently acting for the liquidators of Babcock & Brown Limited, the liquidators of Lehman Brothers Australia and the administrators of the Allco HIT Group. All in a day’s work for Marshall, who continues to be rated highly by commentators in the insolvency and restructuring space.
34. Hayden Wilson
Partner
Kensington Swan
With the NZ Commerce Commission stepping up its enforcement activity, regulatory compliance work can only get busier. Just ask Hayden Wilson, who advised the Commission in its recent settlement with several financial institutions over alleged breaches of the Commerce Act relating to credit card offerings. Wilson is also advising on a notable High Court action which will establish the legality of the University of Otago's code of student conduct – and whether students can be disciplined for off-campus indiscretions.
Inspirational in-house
ALB’s showcase of inspirational in-house lawyers in the September issue certainly created a buzz, with both private practice and in-house lawyers commenting on the diversity of the lawyers featured. Here is just a small selection of lawyers we featured.
35. David Cohen
General counsel
Commonwealth Bank
This man will need no introduction to ALB readers. The acquisition of BankWest, a stake acquisition in Aussie Home Loans and the lightning fast $2bn Wizard Home Loans loan portfolio acquisition and a A$2bn capital raising are just some of the projects Cohen has worked on over the past 12 months – and Cohen’s team also won the award for Australian Inhouse Team of the Year at this year’s ALB Awards
36. Will Irving
General counsel
Telstra
When we predicted in August that Will Irving was in for a big 2010, the Rudd government had not yet dropped its Telstra structural separation bombshell. What lies in store for Irving’s team of lawyers and the Telstra panel of heavyweights, which includes among others Gilbert + Tobin and Mallesons?
37. Peter Horton
General counsel and company secretary
Woolworths
Woolworths’ business optimism has been an ideal foil to the conservatism of the economic downturn. In the past 12 months, Horton has added seven new lawyers to his team to keep up with the legal work generated by the company’s expansion activities, which include the acquisition of organic supermarket chain Macro, a stake in Western Australian brewery Gage Roads as well as alliances with Qantas and Vodafone.
38. Kerry Gleeson
General counsel and company secretary
Incitec Pivot
Gleeson won the title of In-House Lawyer of the Year at the 2009 ALB Awards, the culmination of a huge year which saw Gleeson and her team take a lead role in the A$3.3bn Dyno Nobel acquisition and a A$1.17bn entitlement offer – all part of the broader transformation of Incitec Pivot from an Australian fertiliser business to a leading international chemicals enterprise which is now a S&P/ASX 50 company.
39. David Matthews
General counsel
Fonterra
Matthews and his team were recently named the New Zealand Inhouse Team of the Year at the 2009 ALB Law Awards. Despite the fact that Fonterra is a NZ$15 bn business which accounts for more than 7% of New Zealand’s GDP and 25% of its exports, Matthews’ team comprises of only eight lawyers and has been cited as the model for a tight, efficient and highly experienced corporate team.
40. Peter Turner
CEO
Australian Corporate Lawyers Association
Okay, so we’re stretching the category here a bit. But there are few who would disagree with the proposition that Turner deserves acknowledgment for his tireless advocacy of the interests of the in-house profession. Along with his NZ counterpart Rebecca Holbrook, Turner is the voice for a segment of the legal profession which continues to keep a lower profile than their private practice colleagues.