Lunch and Learn Series 2020-10-28T15:51:54+00:00
Partnerships
Speakers
Program

Welcome to the AMPLA 2020 Lunch and Learn Series

The Lunch & Learn Series takes a look at the future of “new energy”, disputes issues in renewables projects, due diligence challenges presently faced in the energy and resources sector, alternative sources of funding for such projects and the latest developments in contract law.

2020 has been an extremely challenging year for all of us, and AMPLA, like all membership organisations, has been severely effected. We have reacted swiftly to the challenges faced and were able to rapidly shift our usual face to face events into a virtual format that has seen a great take-up. In lieu of our usual flagship national conference this year, we have pulled together an equally high-quality program with exceptional speakers for our Lunch & Learn Series.

We know many of you are webinar fatigued, so the format of the Lunch & Learn Series will involve interactive sessions across 3 weeks, with short sharp presentations combining with diverse expert panels to keep things interesting. The platform we have selected also allows for plenty of audience participation, which we strongly encourage. I’m pleased that despite being unable to hold our annual conference this year, the online format of this Lunch & Learn series gives a unique opportunity for a far wider audience than would otherwise be able to attend the national conference, to experience the equally high quality content and speakers on offer in the Lunch & Learn Series.

We are using the COVID period as an opportunity to make some meaningful changes at AMPLA, and in the value that we deliver to our members.
We are looking at potential changes to the AMPLA name and brand to recognise that we are no longer just an organisation covering mining and petroleum, but rather a modern organisation covering all aspects of the energy and resources law space, including renewables, commodities, climate change and commercial and financial issues.

We will kick-off a post-nominal initiative in 2021, which will ramp up to a valuable accreditation programme in the medium term.
We have also formally launched our AMPLA Asia branch and have had interest from as far away as Chile in getting involved in AMPLA activities. This is encouraging for the future extended reach of AMPLA.

Ahead of the 2021 renewal period, we will release a fulsome program of events for 2021 of over 20 events. The significant number of events and the high quality content that will be delivered to our membership in 2021, and the opportunities to expand both your knowledge and networks, to me, makes membership of AMPLA essential.

A not for profit membership organisation such as AMPLA cannot survive without the support of our members and all of the volunteers who have so generously given their time to make AMPLA the long-standing, well respected organisation that it is today.
So, I implore both long-term, new and potential members to please take up or renew your membership when the 2021 renewals process kicks off in November. Please also encourage your organisations, colleagues, and other contacts to join AMPLA.

I also highly encourage anyone who is looking to get more involved at the branch, national or single event level to get in touch with me or the National Office as we rely on volunteers such as you to survive, and hopefully thrive, over the coming years.
I strongly encourage you and your organisations to register for the Lunch & Learn series. I’m really looking forward to interacting with you “virtually” throughout the series, and at future face to face events when restrictions lift. Take care and stay safe.

Ryan Hartfield, President of AMPLA and CEO of PTTEP Australia

Program

Registrations can be purchased to attend one or multiple sessions throughout the series. Please see the Registration Page for information and pricing.

Session 1 – Tuesday, 13 October 2020 2020-10-08T19:19:31+00:00
90 mins National Online Session
Chair: Georgia Quick
1430 – 1600 AEDT Renewables – A New Wave of Dispute Issues
Live Panel
Judith Levine, Independent Arbitrator
Kim Middleton, Marque Lawyers
Catherine Dermody, Barrister

In recent years there has been significant investment in renewables projects throughout Australia and internationally. These projects bring technical challenges, especially with Grid connection issues, new entrants into the contracting market and the additional complexity of Joint Venture arrangements and funders requirements. In addition to commercial disputes there are changing regulatory frameworks which add potential investor state claims into the mix.

Live Q&A
Session 2 – Thursday, 15 October 2020 2020-09-30T16:47:00+00:00
90 mins National Online Session
Chair: Sam Luttrell
1430 – 1600 AEDT Due Diligence 2.0 – Are You Mapping All the Risks a Client Needs to Know?
John Southalan, Barrister
Lawyers in the resources and energy sector are well versed in undertaking appropriate due diligence for clients looking to acquire an interest in an existing project. Most due diligence reports follow a familiar pattern of assessing and commenting on issues such as:
• Corporate structure
• Major contracts
• Off take arrangements
• Tenures and tenements
• Environmental approvals
• Native title and cultural heritage
• Real estate
• Industrial relations and HR issues
• Tax
• FinanceHowever in 2020 it is readily apparent that there needs to be an assessment of risks to a project well beyond these “hard law” issues. A due diligence report stating that a project holds all approvals under local law necessary to operate does not mean that a project has community support, is not the target of activism, has not been the subject of criticism of failing to meet well regarded international standards, or is not suffering from allegations about human rights deficiencies in its supply chain.This presentation will seek to arm attendees with the tools to consider what further issues should be the subject of due diligence in the energy and resources sector to ensure that clients understand where a project sits with respect of both “hard laws” and what are commonly referred to as “soft laws”. Through present day case studies the presenters will also show how projects have been severely impacted by ignoring these “soft law” issues.Finally, the presentation will put forward a suggested index of issues that may be relevant in this space when designing an improved due diligence process, including:
• The reach and impact of key international standards such as the OECD Guidelines for Multinational Enterprises
• The importance of understanding how financiers will assess a project, including against the newly amended Equator Principles
• The pressures brought by shareholder activism, increased litigation against projects and civil action against projects that are perceived to not meet community expectations
• Modern operational issues beyond the project boundary such as human rights and supply chain matters upstream and downstream and the responsibility of the project in that spaceThe overarching theme will show that the exhausted term “social licence to operate” has been overtaken by the real need of assessing environmental, social and governance risks when making critical investment decisions.
Live Panel
John Southalan, Barrister
Gavin Scott, Norton Rose Fulbright
Simon Currie, Energy Estate
Live Q&A
Session 3 – Tuesday, 20 October 2020 2020-09-30T16:47:52+00:00
90 mins National Online Session
Chair: Nadia Kalic
1430 – 1600 AEDT Financing in a Changing Landscape…
Peter Wilkes, Partner, Allen & Overy

Alternative Sources of Finance for the Energy & Resources sector: Noting some of the challenges in sourcing capital from the tradition bank and debt capital markets, this presentation provides an overview on some alternative sources of funding for energy & resource projects. It will touch on:
• Royalty and streaming financing;
• Prepaid offtake;
• Commodity and inventory finance;
• Convertible bond/hybrid instruments.

Live Panel
Peter Wilkes, Partner, Allen & Overy
Iain Melhuish, Macquarie Capital Group

Speakers TBAA discussion of the key considerations and challenges relevant to different sources of funding. The Panel will provide insights, from a banks, funds and borrower’s perspective, into the key issues they consider and need to address in deciding to fund an energy & resource project. How important are social, environmental, human rights, political and policy considerations? What are the return hurdles? Does the project have to be in production? Are creditworthy offtakers a prerequisite? What is the impact of capital allocation? These factors and more will be explored with our panellists.

Live Q&A
Session 4 – Thursday, 22 October 2020 2020-09-30T16:38:25+00:00
90 mins National Online Session
Chair: Nicholas Andreatidis QC
1430 – 1600 AEDT Caution, Contract Under Construction: Recent Developments in the Construction & Application of Dispute Resolution Clauses
Nicholas Andreatidis QC, Level Twenty Seven Chambers, Australia
Angus O’Brien, Level Twenty Seven Chambers, Australia

Commercial contracts frequently contain clauses governing the parties’ rights in the event of a dispute. The application of these clauses is an area of continuing vitality, reflecting an ongoing appetite for “litigation about where to litigate”. This session will address recent developments in this area with a focus on three aspects. First, the principles governing the construction of dispute resolution clauses, particularly agreements for arbitration and expert determination. Second, the law governing an arbitration agreement; in particular, when it may differ from the governing law of the contract. Third, the application of dispute resolution clauses in multi-party disputes, particularly the import of the doctrine of privity of contract.

Live Panel
Nicholas Andreatidis QC, Level Twenty Seven Chambers, Australia
Angus O’Brien, Level Twenty Seven Chambers, Australia
Cameron Sim, Debevoise & Plimpton, Hong Kong
Simon Bellas, Jones Day, Singapore

The panel will outline recent developments in these areas in Australian and English law, while also touching on points of similarity and difference in Hong Kong and Singapore, and sharing practical insights into managing complex disputes in different fora.

Live Q&A
Session 5 – Tuesday, 27 October 2020 2020-10-21T18:45:12+00:00
90 mins National Online Session
Chair: Julia Gonclaves
1430 – 1600 AEDT New Connections – Where To from Here?
Peter Davis, Herbert Smith Freehills

Connection risk has become a key issue in the renewables sector. There are multiple facets to this risk, ranging from a prolonged connection process, to possible curtailment post connection and the impact of changes to MLF. In this presentation we will explore how the renewables industry and the energy system ended up in this position and what are the specifics of the problems we are facing. We’ll also discuss what impact this is having on investment and the transition of our energy system away from coal and towards renewables.

Live Panel
Peter Davis, Herbert Smith Freehills
Sally Torgoman, PwC
Nigel Buchanan, TransGrid
Craig Francis, Genex Power

Our expert panel will discuss what is being done or what could be done, to address the issues and risks facing this industry, including;• Regulatory change and new grid services markets
• Innovative approaches within the current regulatory construct
• Better transparency of system strength, network capacity and other projects in the pipeline
• More proactive transmission and system strength planning and investment

Live Q&A
Session 6 – Thursday, 29 October 2020 2020-10-28T13:42:24+00:00

90 mins National Online Session
Chair: Tanya Denning
1430 – 1600 AEDT Climate Change – The Growing Challenge for Climate Impacted Organisations to Achieve Social Acceptance and Financial Survival
Diane Smith-Gander AO, Wesfarmers Director
The gloves are off and climate change reporting is now front and centre for both corporates and regulators, and for different reasons. Corporates, in an effort to bolster social acceptance of their undertakings (and survival), are responding to the swelling public call for aggressive action on climate change issues. Regulators, on the other hand, are alive to the potential impacts which poor climate change strategy can have on short and long term financial performance and the need to ensure markets can ‘see’ this impact in regular reporting. Either way, climate change is on every board’s agenda – whether for PR or compliance purposes.This session looks firstly at how financial regulators (equity and debt) are newly creating tools to keep climate change impacting organisations accountable and how companies and directors need to respond in order to comply. The session then turns to consider the counterparty – the debt and equity providers – and the factors they take into account in assessing risk and financial performance for such organisations and how that drives their investment appetite and strategy.
Live Panel
Diane Smith-Gander AO, Wesfarmers Director
Elisa De Wit, Norton Rose Fulbright
Cameron McPhie, Inpex
Graham Winkelman, BHP
Live Q&A


The program is also available in a print-friendly PDF. Click on the button below to download.

Download PDF Program


Please note: The draft program is subject to change and is current at time of publication.

Meet Our Speakers


Catherine Dermody

Judith Levine

Kim Middleton

Simon Currie

Gavin Scott

John Southalan

Jacqueline Murray

Peter Wilkes

Simon Bellas

Angus O’Brien

Cameron Sim

Craig Francis

Elisa de Wit

Cameron McPhie

Diane Smith-Gander AO

Graham Winkelman

Meet Our Chairs


Georgia Quick

Sam Luttrell

Nadia Kalic

Nicholas Andreatidis QC

Tanya Denning

Partnership Opportunities

AMPLA offers the opportunity to partner with us for the delivery of the 2020 Lunch & Learn Online Series:

Session Sponsorship – $500 (inc gst)

Six opportunities to sponsor a virtual conference session. Session sponsorship includes:

  • Acknowledgement of session sponsor status on Lunch & Learn website and digital marketing communication
  • Promotion of session sponsorship via social media
  • Branded presentation backgrounds for session speakers
  • 30-second video promotion at the start of the session
  • Acknowledgement of sponsor at the conclusion of the session
  • Branding on session platform/online interface

 Session sponsorships will be allocated on a first-come-first-served basis and are available for purchase until 30 September 2020.


Lunch & Learn Hub Partner: $8,000 (inc gst)

Hub Partners are able to host unlimited delegates in their own venues for every session of the program. This package includes:

  • Ability for the hub partner to host an unlimited number* of delegates in any number of conference room locations (e.g. Brisbane, Perth and Melbourne offices)
  • Acknowledgement of hub partner status on Lunch & Learn website and all digital marketing communication
  • Promotion of hub partnership via social media

*subject to covid-safe work practices and government issued restrictions

Hub Partners must adhere to AMPLA’s covid-safe event policy, and the requirements for recording attendance in line with continuing professional development policies.

Hub Partnerships are available for purchase until 30 September 2020.

Contact ampla@ampla.org for more information or to discuss partnership opportunities.