Martin Kudnig Partner

Martin is a commercial lawyer specialising in the fields of energy and resources, construction and infrastructure.

He advises on the development and construction of infrastructure and resources and energy projects with a particular focus on mining and renewable energy projects such as solar, battery and wind.  He also works on the preparation and review of sale and purchase agreements, Government concession agreements, joint venture agreements, commodity sales agreements and construction and operations contracts for major infrastructure and resources and energy projects.

Martin's extensive experience and outstanding skill set are complemented by his "common sense with a profound knowledge of the resource industries" – Chambers Global.

He has been acknowledged as a leading individual in Energy & Resources each year in Asia Pacific Legal 500, 2005-2012 & 2017, as a leading individual in Energy & Natural Resources each year in Chambers Global, 2007-2012 and a leading individual in Natural Resources in Best Lawyers Australia 2008-2021.

Martin joined JWS in 2015 after 17 years as a partner at an international law firm. He has also worked previously in London, Perth, Shanghai and Germany.

Martin is a past National President of the Australian Mining and Petroleum Law Association (now the Energy and Resources Law Association).

Experience

Mining

Canadian Australian company

Negotiation of a stabilisation agreement with the Government of Zambia for a copper project in Zambia.

Kores

Acting on the disposal of joint venture interests in coal mines in New South Wales.

Japanese multinational

Acted on the proposed acquisition of an interest in a uranium mine in Namibia.

CACS (a Chinese SOE)

Acted on the negotiation of an EPC contract and various subcontracts for the development of a molybdenum mine in Western Australia.

Newcrest Mining

Acted in relation to the Telfer Extension Project, including EPC contract for the power station, EPCM contract for the treatment plant, gas transportation agreement (BOO(T)) and gas sales agreement.

Shanghai Baosteel Group

Acted in relation to an iron ore joint venture with Hamersley Iron in the Pilbara region of Western Australia.

Energy, Oil & Gas

Zen Energy

Acting on the Solar River solar and battery project in South Australia, including EPC and O+M contracts.

SIMEC Zen Energy

Acting on the Cultana Solar Project and the Playford Battery Project in South Australia, including EPC and O+M contracts.

South Australian Government

Acted on its energy reform project, primarily the short term capacity contract for the diesel generators.

Mitsui

Acted in relation to the disposal of onshore oil and assets in Egypt, including the review of various concession agreements.

Korean company

Acted on the proposed disposal of joint venture interests in coal mines in New South Wales.

Morning Star Gold

Acted for Morning Star Gold in relation to the registration and environmental bond issues associated with the sale of various mining tenements to Mantle Mining.

Chilean company

Advised on the acquisition of an equity interest in a potash mine in Congo.

Queensland company

Advised on the proposed sale of a mineral sands exploration tenement in Queensland together with the associated royalty deed and tenement management agreement.

Diploma Resources

Acted for Diploma Resources in relation to certain mining services contracts with Vale relating to a nickel mine in New Caledonia.

Canadian & Australian company

Acted in relation to the negotiation of a stabilisation agreement with the Government of Zambia for a copper project in Zambia.

Industrial Minerals

Acted for Industrial Minerals in relation to the operation and financing of a gold project in Armenia.

Origin Energy

Acted on numerous of its procurement and supply contracts.

Lattice Energy

Acting in relation to various technology agreements following its split from Origin Energy.

Cooper Energy

Acting on various offshore operations contracts; and acting in relation to a contract for the provision of underwater monitoring services for an offshore petroleum project in Tunisia.

Projects & Infrastructure

BMD

Acted for BMD on the Southern Roads Project in Victoria.

Department of Defence, the Commonwealth Government of Australia (DMO)

Acted in relation to the procurement of various heavy vehicles for use in military operations pursuant to the Land 112, Land 121 and Land 400 projects, including drafting and negotiating tender assessment and acquisition agreements as well as participation in and advice relating to the tender arrangements and evaluation.

Recognition

Career & qualifications

Qualifications

  • Master of Laws, University of Melbourne
  • Bachelor of Science, University of Melbourne
  • Bachelor of Laws, University of Melbourne

Memberships

  • Australian Mining and Petroleum Law Association (current National President and Board Member)
  • Resources and Energy Law Committee (Business Law Section, Law Council of Australia)
  • Australian German Association Inc
  • Australia China Business Council
  • Australian Corporate Lawyers Association
  • Law Council of Australia Business Law Section
  • International Bar Association

International experience

  • Germany (1992-1993)
  • Shanghai (2002)
  • London (2013-2015)

Insights Read more insight

Hydrogen 2021 Federal Budget Update

On 11 May 2021 the Treasurer of the Commonwealth, the Honourable Josh Frydenberg, handed down the 2021/2022 Federal Budget. Pursuant to the Paris Agreement, the Government has committed to reducing...

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Victoria positions itself to become a global hydrogen leader

In early February the Victorian Government announced that a new, $10 million hydrogen hub would be constructed in Melbourne’s south east.

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On-shore Conventional Gas Moratorium Lifted

INCOMING CHANGES TO VICTORIAN GAS REGULATION: ON-SHORE CONVENTIONAL GAS MORATORIUM LIFTED, BUT BAN ON FRACKING TO BE ENSHRINED INTO CONSTITUTION.

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News

External publications

  • Shale Gas – The Key to Unlocking Energy for the UK’s Future, ICLG, 2014
  • Putting the Community First, Mining Journal, 2015

Presentations

  • The Mining Contract Process, African Community of Practice for Managing for Development Results, Tunisia, 2014
  • Stabilisation Clauses in Government Mining Contracts, African lawyers conference, African Legal Support Facility, Zimbabwe, 2014
  • Mineral Ownership Rights, AIPN shale gas seminar, London, 2014
  • African Mining Issues, Business Resource Management Conference, Law Society, London, 2014
  • International Mining Issues, New Silk Road seminar, Australia House, London, 2014