Andrew Deszcz

Andrew Deszcz

Andrew Deszcz is a partner in the Melbourne office in the projects and financing team. He has been with Mallesons since 1998 apart from two years spent at Freshfields in London.

Andrew has advised Australian and international clients on complex and significant resources and infrastructure transactions, both in Australia and elsewhere with particular expertise in advising Japanese and Chinese clients in their investments in Australia and elsewhere.

Andrew is experienced in ECA financings (including acting on one of the first Australian Law ECA supported project financings successfully completed), agribusiness and leveraged financings. He also advises on financial restructures and work outs.

He is a lecturer on infrastructure and project finance in the resources sector at Melbourne University's masters level infrastructure course and has contributed significantly to the Resources and Energy Law Association (AMPLA), as both a speaker and a Reference Committee member in the development of its model documentation.

Show moreShow less

Representative matters

Projects and financing

  • Guangdong Rising Assets Management - acting for GRAM on takeover and takeover - financing of Pan Aust Limited.
  • Benaris International - on tie-in of Origin's 100% Halladale and Black Watch fields to Otway joint venture.
  • Nippon Steel - acting for Nippon on acquisition of joint venture interest in Boggabri coal mine.
  • Banks – acting for Chinese banks on financing of the Caledon coal project in Queensland.
  • Sponsor – acting for Japanese sponsor in connection with an acquisition and funding of a minority interest in the Foxleigh coal project in Queensland.
  • Sponsor – acting for Japanese sponsor on the financing of its expansion of Pilbara Infrastructure assets by Japan Bank for International Co-operation.
  • Mitsui & Nippon Steel – acting for Mitsui & Nippon Steel on their iron ore infrastructure and joint venture arrangements with Rio Tinto.
  • Benaris International – exercise of pre-emptive rights and project financing of Otway Gas Project.
  • Financiers – acting for the Chinese financiers on financing of acquisition of Perilya Limited (an ASX listed resources Company).
  • Sponsor – on refinancing of joint venture interest in the Portland Aluminium Project.
  • Sponsor – in relation to project financing of the acquisition by a subsidiary of the State of Papua New Guinea of an interest in the Moran Oilfield in Papua New Guinea.
  • Arrangers – acting for arrangers on a facility for a bauxite processing plaint in Gladstone.
  • Minority joint venturer – in relation to an offshore Victorian oil and gas tie-in and tolling proposal.
  • BG – in relation to the development of the QCLNG Project, Queensland (AUD12-15 billion coal seam gas to LNG project), and the sell down of its interest to Tokyo Gas and the further sell down of interests to CNOOC.
  • Confidential - gas price review and settlement.
  • China Development Bank - in relation to financing a power project in Thailand.
  • Various other financings for China Development Bank.

ECA

  • ECA financiers – Victorian Desalination Plant and Power Project (winner for Financial Excellence at the 2010 Infrastructure Partnerships Australia National Infrastructure Awards; PPP Deal of the Year and Global Deal of the Year at the 2009 Infrastructure Journal Awards; and PPP Deal of the Year at the 2009 Project Finance International Awards).
  • China Export & Credit Insurance Corporation - in relation to a US$1,500,000,000 Venezuelan oil production and sale financing transaction.
  • Leveraged acquisition finance
  • Leveraged acquisition financing of Campaign Monitor (US TLB).
  • Leveraged acquisition financing of UTC's industrial products business (US TLB).
  • Leveraged acquisition financing of MYOB, advising one of the bidders.
  • Leveraged acquisition financing of American Stock Transfer Company, and subsequent refinancing.
  • Financing of the acquisition of Carter Holt Harvey by the Rank Group and the subsequent recapitalisation of Carter Holt Harvey.
  • Financing of the takeover by Rank Group of Burns, Philp & Co Limited.
  • Financing of the initial public offer of shares in Goodman Fielder Limited including the acquisition of the businesses from Burns, Philp & Co Limited and New Zealand Dairy Foods Limited.

Workouts and restructuring

  • Advised Société Générale in the restructure of its facilities with the OZ Minerals Group pending their sale of assets to China Minmetals Group (winner of Energy & Resources Deal of the Year - ALB Australasian Law Awards 2010).
  • Advised financiers on standstill and refinancing of a leveraged acquisition financing of a US private equity owned business.
  • Advised agricultural trading company on work-out, joint venture and refinancing.

Agribusiness

  • Proposed joint venture between Australian Vintage Limited (vineyard and wine producers) and Constellation Brands, Inc – advising National Australia Bank on financing of corporate and inventory facilities.
  • Australian Vintage Limited – advising National Australia Bank on refinancing of facilities.
  • Chiquita Brands South Pacific (agricultural company) – advising company on financing arrangements.

Qualifications

  • 1997: BComm, Monash University
  • 1997: LLB (Hons, 1st class), Monash University
  • 1998 - 2001: Articled Clerk / Solicitor, Mallesons Stephen Jaques
  • 2001 - 2003: Associate, Freshfields Bruckhaus Deringer, London
  • 2004 - 2007: Senior Associate, Mallesons Stephen Jaques
  • 2008 - 2012: Partner, Mallesons Stephen Jaques
  • 2012 - present: Partner, King & Wood Mallesons.

Publications and speaking engagements

  • Andrew has lectured on mining infrastructure for Melbourne University's masters level infrastructure and project finance courses for a number of years. He has presented papers on two occasions at AMPLA National Conferences, including in respect of elective security over mining joint venture interests, and the bankability of model documentation.
  • Andrew has also authored a paper entitled "Petroleum Project Papua New Guinea", published in the Journal of Energy and Natural Resources Law and the Australian Resources and Energy Law Journal.

Professional memberships

  • Australian Mining & Petroleum Law Association
  • Law Institute of Victoria.

Location

Legal insights

This article provides a high-level, step-by-step guide on how Chinese banks can effectively manage their NPLs, develop a strategy for loan recoveries and navigate complex multi-jurisdictional debt...

19 July 2018

Insights on the multi-billion dollar debt restructuring of Indonesia's largest thermal coal producer, PT Bumi Resources Tbk, Southeast Asia's largest debt restructuring deal of 2017.

01 May 2018

One of the most audacious Chinese offshore investments of 2015: the takeover of ASX-listed PanAust by Chinese provincial SOE, Guangdong Rising Assets Management Co.

25 July 2016

Not registering security interests under the PPSA can result in serious, costly and inconvenient consequences.

06 February 2014