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John Kelly

Partner
+61.3.9205.2008
Fax +61.3.9205.2055

Mr. Kelly is a partner in the complex commercial litigation and dispute practice with more than 30 years experience . His practice focusses on large scale litigation which extends to all Australian superior courts. Mr. Kelly has significant experience in dispute resolution by arbitration and other alternate dispute resolution procedures.

Mr. Kelly has advised major clients on contractual disputes, class actions, tort claims, public inquiries and prosecutions by government and regulatory authorities. He has worked extensively in the energy and resources industry.

Mr. Kelly has broad experience in advising clients in relation to major corporate incidents, particularly in the energy and resources industry. In these matters, he regularly advises on strategic issues surrounding incident response including internal incident investigation processes, responses to government investigations, prosecutions, the retention of experts and the potential civil claims that may arise from an incident. 

Achievements

  • Recognised as one of Australia’s leading lawyers in Alternate Dispute Resolution (2013 – 2019) and Litigation (2013 – 2019), Best Lawyers.
  • Recognised as one of Australia's leading dispute resolution lawyers, Legal 500 Asia Pacific (2018).

Professional/Civic Activities

  • Law Institute of Victoria member
  • Resources and Energy Law Association member
  • Australian Corporate Lawyers Association member
  • Acting for an Australian Mining Company in an ICC arbitration in relation to the design and contamination of a water treatment plant.
  • Advising Apache on an explosion and fire at its oil and gas processing facilities on Varanus Island in 2008.
  • Acting for Apache in proceedings in the Supreme Court of Western Australia by a customer in respect of a claim arising from an explosion and fire at Varanus Island in 2008.
  • Advising Apache in respect of regulatory investigations and a prosecution following the explosion and fire at Varanus Island in 2008.
  • Advising Apache on various applications made by third parties under applicable Freedom of Information legislation for access to documents related to the explosion and fire at Varanus Island in 2008.
  • Acting for Apache in proceedings in the Supreme Court of Western Australia in respect of a claim by a customer under a long term gas supply agreement.
  • Acting for Apache in proceedings in the Supreme Court of Victoria over the acquisition by Apache of shares in a company.
  • Advising ExxonMobil in respect of an explosion and fire at its oil and gas processing facilities at Longford in Victoria in 1998.
  • Acting for ExxonMobilin a Royal Commission in respect of an explosion and fire at Longford in Victoria.
  • Acting for ExxonMobil in a coronial inquest following the explosion and fire at Longford in Victoria.
  • Acting for ExxonMobil in a large class action in the Supreme Court of Victoria and Federal Court of Australia in respect of claims by domestic and commercial users of gas in Victoria following the explosion and fire at Longford in Victoria.
  • Acting for ExxonMobil in proceedings in the Supreme Court of Victoria in a dispute between joint venturers. 
  • Acting for ExxonMobil in an arbitration with a customer over liability under a long term gas supply agreement due to an interruption to supply following the explosion and fire at Longford in Victoria.
  • Acting for ExxonMobil and BHP Billiton in arbitrations with a royalty owner over the royalty entitlement and the calculation of an overriding royalty including proceedings in the Supreme Court of Victoria seeking to appeal against arbitral awards.
  • Acting for ExxonMobil and BHP Billiton in proceedings in the Supreme Court of Victoria appealing against an arbitral award and seeking the removal of arbitrators on the grounds of procedural misconduct.
  • Acting for ExxonMobiland BHP Billiton in multiple arbitrations against Government owned gas and electricity utilities in relation to disputes over the contractual entitlement to increase the price of natural gas under long term gas supply agreements.
  • Acting for a large multinational in an arbitration in respect of the construction of a gas fired power station in New South Wales.
  • Acting for Western Mining Corporation (now part of BHP Billiton) in proceedings in the Supreme Court of Victoria in a dispute with a construction contractor over the construction of mining facilities at the Olympic Dam in South Australia.
  • Acting forExxonMobil and BHP Billiton in Federal Court of Australia proceedings against the Comptroller of Customs and the Commonwealth of Australia in relation to the classification of certain oil and gas wells for excise purposes.
  • Acting for Centro Retail Trust in a Federal Court of Australia class action by unit holders for breach of continuous disclosure obligations.
  • Acting for Delhi Petroleum (then part of ExxonMobil) in a joint venture dispute with Santos over the Cooper Basin joint venture.