M: +61 412 853 444
T: +61 7 3233 8951
E: dclarke@mccullough.com.au

“Damien Clarke looks for novel solutions –
he acts as if he were the client.”

Chambers and Partners Asia-Pacific 2025
Energy & Natural Resources

For over 35 years, Damien has provided corporate, commercial and taxation advice to international and domestic clients. Having led the firm’s Resources & Renewables Industry Group since its formation in 2001, Damien predominantly acts within the mining, energy, and natural resources industry.

He is known as the go-to for matters of complexity, particularly in relation to sophisticated joint ventures and partnerships, unregulated M&A transactions (including inbound investment), structuring, taxation and revenue advice, and project finance.

His structuring experience and taxation capability, including in transaction taxes such as uniform capital allowance, GST, stamp duty, capital gains tax and international tax, are highly regarded, and as such, he has designed and implemented many of the more sophisticated and high profile structures for asset development and ownership in the resources industry.

Damien is also McR’s Joint-Managing Partner, and the Joint-Lead of the firm’s national Corporate team.

Read Damien’s latest publications

 Release of NSW Government’s Critical Minerals Strategy

 Establishment of the Minerals Security Partnership Finance Network

 Update on the Michael Roche Scholarship

 Taking ‘stock’: legality of State mining royalties following Vanderstock

Experience

New Hope Corporation

Advising on the acquisition of an 80% interest in the Bengalla Joint Venture for $1.75b from Rio Tinto, Wesfarmers and Mitsui including advising on strategies to manage joint venture pre-emption arrangements as well as designing complex revenue saving outcomes.

Stanmore

Advising Stanmore Coal in relation to the transaction structure and implementation of its $1.82 billion acquisition of BHP’s Queensland mines and associated revenue and valuations considerations including for accounting and stamp duty.

Whitehaven Coal

Advising WHC on several transactions, including its US$72m acquisition of a 7.5% interest in the Narrabri underground mine, and on the due diligence and bid for its purchase of Winchester South (as Rio Tinto exited the coal industry).

Sojitz Corporation

Advising on the $380m acquisition of the Gregory Crinum project from BHP and Mitsubishi Alliance, including negotiating the transaction and complex funding documents, and the $300 million sale to Yancoal of its 10% interest in the Moolarben Coal Project.

Quinbrook Infrastructure Partners

Advising Quinbrook Infrastructure Partners and Private Energy Partners (who are backed by Quinbrook) on their investments in Australian critical minerals and battery metals projects.

CS Energy

Advising on the funding and restructure of the supply arrangements which facilitated the sale of Anglo’s Callide Coal Mine. Subsequently advised on the transfer of the coalmine to Batchfire Pty Ltd, and the following restructure of those arrangements.

Inbound investments

Advising a German luxury automotive manufacturer on its acquisition of an equity interest in a critical minerals project, with the intention to secure their supply of battery metals for manufacturing.

Joint ventures

Lead lawyer for the establishment of each of the Lake Vermont, Monto Coal, Carborough Downs, Isaac Plains, Spur Hill, Chain Valley, Millennium, Moorvale, Sonoma, Maxwell and Coppabella Coal joint ventures either in the Bowen Basin in Queensland, or the Hunter Valley in New South Wales.