Current practice
Paul D Evans is a senior partner in our Perth office.
His focus lies in supporting the commercial groups in the firm by employing the gamut of dispute resolution tools in support of the commercial aims of our clients, with particular interests in the areas of corporations law, competition and economic law and complex disputes.
Paul brings to his role in advising clients in large commercial disputes the benefits of:
- 24 years practice experience—20 of these as a litigation partner of the firm
- a great diversity of practice experience across several areas and in most of the States of Australia
- experience in the conduct of many substantial cases, in a diversity of industries and areas of law, and
- a history of involvement in management and commerce, as a past board member of the Firm and public companies.
Industry experience
From 1984 to 1985, Paul practised primarily as a banking, finance and commercial lawyer in the firm’s banking and finance section but with a broad exposure to other areas including, in particular, mining joint ventures and business structures. In June 1986 Paul transferred to Freehills Sydney for a year working in the commercial litigation group.
Paul returned to Perth and practised in the area of commercial litigation, including a particular interest in mergers and acquisitions litigation, corporate governance and takeovers, and in competition and economic law, handling a diverse range of commercial and complex litigation.
Paul has been principal solicitor or counsel in many significant matters, including:
- the Bell Group Resources defence of Brierley Investments’ attempted takeover, and Robert Holmes ‘a Court’s subsequent takeover of Sherwin Pastoral Company, and then principal West Australian solicitor for Bell Resources Limited in its pursuit of the recovery of funds from Bond Corporation Holdings Limited
- for Wesfarmers Limited in its contested takeovers of Bunnings Limited, and Howard Smith Limited and for Bristile Limited in its contested takeover bid for Wesfi Ltd
- in numerous other contested takeovers and proxy contests and has acted for and against a range of directors and shareholders and advisers in relation to the control of companies and as to the duties of those directors and shareholders
- to the Woodside joint venture in relation to the recovery of losses flowing from the collapse of the Goodwyn A platform piling system in the course of construction—a $320 million insurance/construction claim, involving multiple issues of insurance and construction law, and professional negligence, settled with the insurers on very favourable terms
- for large Australian resources companies in relation to extensive claims related to North West Shelf, and regional industrial development projects
- for a number of large Australian gas producers in relation to gas pricing disputes under long term sales contracts
- for MidAmerican Energy Holdings and its CalEnergy subsidiaries in litigation in New South Wales (with associated litigation in California), arising out of drilling contracts for their Indonesian operations, and in relation to onshore Perth Basin gas assets
- in various resources related projects for a number of mining companies (open pit mining, smelting and other plants) defending claims for variations, extensions of time and extraordinary costs claims, and prosecuting claims for liquidated damages and defective works, and joint venture disputes
- for Santos Limited and Apache Limited in the resolution of issues arising out of the construction of its Stag platform, and
- in the KPMG/Swan Building society auditors negligence litigation, a claim for over $15 million dollars, in which a settlement was successfully mediated within the range of risk expectations.
In the competition law area Paul advises many clients of the firm on strategic competition law issues (including, amongst others, Wesfarmers’ acquisitions of Howard Smith Ltd and Linde Gas) and their competition law obligations, and supervises litigation and compliance programs in the area.
Professional background
Paul graduated in law (B Juris) with second class honours from the University of Western Australia in 1981. He completed a Bachelor of Laws (LLB) with first class honours in 1982 and the degree of Master of Laws with distinction in 1996. He was appointed an Adjunct Professor of Law at Murdoch University Law School in 2007.
Paul joined Freehills in 1983 and was admitted to partnership in 1987.
