Vaughan Fulmer
Perth,WA
Summary
Dynamic, highly motivated senior commercial lawyer with over 15+ years of experience obtained both in-house and international firms managing major transactions, project construction and development, compliance, and litigation. Extensive background working hands-on in large complex and demanding organisations. Demonstrated ability to adapt to challenges quickly and hit the ground running. Able to manage legal along with operational personnel.
Overview
19
19
years of professional experience
1
1
Certification
Work History
Senior Legal Counsel – Perth
Fortescue Ltd
01.2022 - Current
- Company Overview: Iron Ore and Green Energy development organisation
- Originally a contractor hired through Corrs Chamber Westgarth (Orbit) for 2.5 years I eventually transitioned to a full-time employee working across a variety of energy and resources projects.
- Principal lawyer on the:
- High value operational procurement and project construction agreements
- Global hydrogen off-take negotiation and agreements
- Mine site decarbonisation projects, wind, solar and hydrogen
- Locomotive procurement negotiation and agreements
- North Qld Superhub solar and wind energy JDA
- Gibson Island Hydrogen Facility – O&M, Development and Wharf Usage Agreements
- PEM 50 – Gladstone 50MW Hydrogen Project and procurements
- Port Bonython Hydrogen Project – Land Development Agreements
- NT Green Energy PPA and Ammonia Plant Development Agreements.
- Debt recovery and litigation settlement
- Southern Cross Wind Farm acquisition and development (300MW)
- Group OHS and Workers’ Compensation matters
- Privileged OHS Investigations and HR matters.
General Counsel - Perth
Norilsk Nickel Australia
06.2012 - 01.2022
- Company Overview: The Australian office of PJSC MMC Norilsk Nickel, a Russian based company and the largest miner and producer of nickel and palladium in the world. Listed in Russia and the UK
- I initially commenced as the GC and later progressed to the role of GM responsible for ongoing care of various operational and exploration projects in Western Australia on behalf of the Moscow based parent company. Sole legal counsel for the business and manager for the Australia office with 6 direct reports office and site based.
- Selected Achievements:
- Managed the divestment of $1B of Australian Projects (Thunderbox, Avalon, Cawse, Lake Johnston, Black Swan and Honeymoon Well) using keen negotiation skills in dealing with banks / potential purchasers.
- Negotiation and Management of major and minor works contracts
- Statutory exploration manager for Honeymoon Well
- Joint Venture representative for various exploration projects.
- Responsible for management of all of the company’s dispute and litigations matters
- Discovery and securing payment of $4M in unpaid historical royalties.
- Saved the company significant expense by settling historical litigation for substantially less than $30M claimed by litigants.
- Successfully represented the company against the Department of Environment into an alleged environmental contamination breach.
- Represented the company in State Administrative Appeals Tribunal, Fair Work Ombudsman and in senior executive investigations.
Commercial Specialist – Australia and Asia - Perth
BHP Billiton Exploration
04.2011 - 05.2012
- Company Overview: Based in Singapore with a mandate to discovering tier 1 projects across the globe to replace existing reserves.
- Acquisition, maintenance and divestment of exploration opportunities in multiple jurisdictions including: PNG, Indonesia, Canada, Australia and Russia.
- Selected Achievements:
- Legal – Liaison and provision of instructions to internal and external counsel for preparation of commercial agreements and specific advice.
- M&A – Identification of third party opportunities in Indonesia and Papua New Guinea.
- Commercial – Negotiation with senior management and drafting of preliminary agreements to secure title from third parties. Drafting confidentiality agreements, Preliminary phase due diligence of targets. Title due diligence in Russia and Africa, Indonesia and PNG.
- Provision of native title advice to line management and review of agreements prepared by external counsel.
- Summer School Lecturer in OHS Law for the Graduate School of Business Murdoch University
- Commercial and title representative for due diligence and operational integration workstreams for the acquisition of major porphyry copper acquisition in Russia.
Associate - Energy and Workplace Relations Teams - Perth
Norton Rose Fulbright Australia (formally Deacons Australia)
04.2010 - 03.2011
- Company Overview: A global private practice firm with over 3000 lawyers and an annual revenue of $1.8M
- Commercial legal advice, drafting of various agreements associated with minerals and energy projects for midsize Australian and foreign corporations. Extensive advice and provision of training on OH&S policies and compliance. Company secretarial duties for private corporations. Due Diligence for Australian M&A.
- Selected Achievements:
- Commercial due diligence for Chinese investment in Australian iron ore assets.
- Drafting of commercial documents and advice in relation to the sale of a timber plantation by the receiver of Great Southern Timber Plantations assets to Mitsui;
- Due Diligence advice for acquisition of Australian petroleum titles and assets.
- Provision of company secretarial duties for large Japanese Petroleum joint venture.
- Summer School Lecturer in OHS Law for the Graduate School of Business Murdoch University
- Lead on multiple internal and external training and education sessions in OHS.
- Self-motivated, with a strong sense of personal responsibility.
Foreign Legal Counsel - Jakarta
Brigitta I Rahayo & Partners
08.2008 - 04.2010
- Company Overview: At the time the Associate Office Deacons/Norton Rose in Indonesia staffed by Indonesian and Australia counsel.
- Commercial legal advice, drafting, and representation of major local and foreign entities domiciled in Hong Kong, UK, Malaysia, Philippines, Australia and Singapore including international resource companies, petroleum service providers, fashion houses, private equity groups, foreign banks and global F&B brands.
- Areas of advice included M&A, construction, consumer protection, corporations law, environment, finance property and litigation.
- Supervision of local junior practitioners and lectured to ministry of law on common law legal issues.
- Selected Achievements:
- Acted on Sale of OZ Mineral’s Martabe project to China’s Sci-Tech Holdings for $US217M;
- Part of global legal due diligence team for take over of major global brewing corporation;
- Advised on the Indonesian components of the US$1.3B sale of a global heavy equipment manufacturer.
- First junior foreign counsel to be offered a long term contract;
- Lecturer in common law to the Indonesian Law Reform Agency
- Advised clients on complex legal matters, ensuring compliance with applicable laws and regulations.
Associate Energy and Workplace Relations Teams - Perth
Deacons Australia
12.2007 - 08.2008
- Company Overview: Originally a mid-sized private practice firm with offices throughout Australia and Asia which became part of the Norton Rose group in 2009.
- Commercial legal advice, drafting of various agreements associated with minerals and energy projects for midsize Australian and foreign corporations. Expensive advice and provision of training on occupational health policies and compliance. Company secretarial duties for private corporations. Due Diligence for Australian M&A.
- Selected Achievements:
- FIRB negotiations for major royalty acquisition by Royalco.
- Successfully having a s18 heritage decision reversed by authorities for KCGM.
- Independently gaining new clients for the firm through conference presentations.
Commercial Specialist - Perth
Rio Tinto Exploration Australasia
09.2006 - 11.2007
- Company Overview: Rio Tinto Exploration manages the current and historical exploration assets of Rio Tinto Australia.
- Commercial legal advice for large scale mineral exploration opportunities for various commodities in Western Australia. Negotiation with land owners for access to new opportunities. Developed new systems for management of obligations and reduction of risk
- Selected Achievements:
- Implementation of a commercial software for legal obligation and land tenure tracking (Lease Control)
- Discovered royalties owed to the company to the value of $4.5M.
- Completion of option negotiations to the value of $30M+.
- Negotiated the Farm-out of the Reward Zn/Pb deposit in NT to Rox Resources Limited.
Education
Graduate Diploma - Mining (Engineering)
Federation University
Ballarat, VIC01.2022
Certificate - Investment Management
University of Geneva
Geneva01.2016
Certificate - Corporate Finance
University of Melbourne
Melbourne, VIC01.2016
Certificate - Governance Practice
Governance Institute of Australia
Perth, WA01.2015
Graduate Diploma - Energy Law (Petroleum)
University of Western Australia
Perth, WA01.2011
Graduate Diploma - Legal Practice
College of Law (NSW)
Sydney, NSW01.2005
Bachelor - Laws
University of New England (NSW)
Armidale, NSW06.2003
Skills
- Project and Procurement Contracts
- Dispute Management & Resolution
- Acquisitions and Divestments
- Safety, HR and Employee Relation
- Governance and Compliance
- JV Development and Management
- Interpersonal & Multi-Cultural Skills
- Commercial contracts
- Construction law
Websites
Certification
- 2005 Admitted as a Barrister / Solicitor to the Supreme Court of New South Wales
- 2006 Admitted as a Barrister/ Solicitor to the Supreme Court of Western Australia
- 2009 Foreign Legal Counsel – Indonesia
- 2017 Legal Practice Management Course
- 2021 Certified Inhouse Counsel
- 2023 Admitted to the High Court of Australia
Affiliations
- Energy & Resources Law Association
- Australian Corporate Lawyers Association
- Australian Institute of Company Directors – Graduate
- Governance Institute of Australia - Associate
BOARD EXPERIENCE
- Dec 2012 - present Norilsk Nickel Australia Group of Companies Director and Secretary of 17 private entities associated with the Norilsk Nickel Australia group entities.
- Jan 2020 – Oct 2022 The Moerlina School Counsellor, Secretary and Member of the Standards Committee
- Sept 2018 – August 2019 IFAP Non-Executive Director, Vice Chair and member of the finance committee
- Nov 2016 – August 2019 Bicycling Western Australia Non-Executive Director and Secretary
Timeline
Senior Legal Counsel – Perth
Fortescue Ltd
01.2022 - Current
General Counsel - Perth
Norilsk Nickel Australia
06.2012 - 01.2022
Commercial Specialist – Australia and Asia - Perth
BHP Billiton Exploration
04.2011 - 05.2012
Associate - Energy and Workplace Relations Teams - Perth
Norton Rose Fulbright Australia (formally Deacons Australia)
04.2010 - 03.2011
Foreign Legal Counsel - Jakarta
Brigitta I Rahayo & Partners
08.2008 - 04.2010
Associate Energy and Workplace Relations Teams - Perth
Deacons Australia
12.2007 - 08.2008
Commercial Specialist - Perth
Rio Tinto Exploration Australasia
09.2006 - 11.2007
Graduate Diploma - Mining (Engineering)
Federation University
Certificate - Investment Management
University of Geneva
Certificate - Corporate Finance
University of Melbourne
Certificate - Governance Practice
Governance Institute of Australia
Graduate Diploma - Energy Law (Petroleum)
University of Western Australia
Graduate Diploma - Legal Practice
College of Law (NSW)
Bachelor - Laws
University of New England (NSW)
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