Our People + Principals

Damian Quail

LLB, B.Com (Acc & Fin) (Hons) MAICD

Damian Quail has practised as a lawyer for over 20 years in the corporate, business, resources, software and technology fields. He has managed many large deals, including major investments, farm-ins and JV’s, asset and share sales, capital raising transactions and construction matters. Damian adopts a pragmatic approach with a strong focus on ensuring his advice adds value to his client's businesses. Finding solutions to a problem and ensuring legal advice is an enabler of a transaction, rather than a barrier to completing a deal, is foremost in Damian's approach. Damian has significant experience outside of Law, including in corporate finance and management consulting, with a focus on financial modelling, deal evaluation, strategy development and capital raising. This ensures he does not waste time on legal points that are not commercially important. He is a director of 4 gold exploration companies and he has co-founded 4 start-ups. Damian also worked at a national law firm specialising in resources matters. Damian is a member of the Association of Mining and Exploration Companies, the Australian Institute of Company Directors and the Family Business Association, as well as the Australian Mining and Petroleum Law Association and Law Society of Western Australia. Damian is also an elected Committee member of the WA Mining Club and is currently the Co-ordinator of its Scholarship Program, under which the Club and its Co-sponsors award six $10,000 scholarships to West Australian students wishing to pursue a career in the WA mining industry. Damian was a founding trustee of the Rotary Club of Crawley Charitable Foundation, having obtained Deductible Gift Recipient (DGR) status for the Foundation on a pro-bono basis. Damian is a Director of Williams + Hughes and is based in our West Perth office. Damian is married with three young children. When not working Damian and his family enjoy travelling overseas, and have visited about 70 countries to date.
  • Corporate advice, business services & commercial contracts
  • Mining, resources and energy and mining services
  • Mergers & Acquisitions
  • Construction Contracts/Subcontracts/EPC contracts
  • Agribusiness
  • Intellectual property, Software & Information Technology
  • Project Finance, Group Finance & Debt Finance
Some of the significant matters Damian has advised on include:
  • All legal work for a listed gold explorer based in North America with a large tenement position in the Pilbara. Work includes establishing Australian subsidiaries and completing Australian legal compliance work; negotiating and documenting all farm-in, joint venture, tenement purchase and other agreements; advising in relation to mine development process. Damian is a Director of all Australian subsidiaries.
  • Acted for a joint venture company in negotiation of all agreements needed for construction and operation of a $110 million diesel fuel terminal in South Australia. Prepared EPC contract, shareholders agreement, facility lease agreement, terminal services agreement and related documents. Extensive negotiation with Japanese parties.
  • Advised major agribusiness on high value acquisitions in New South Wales, Victoria, Tasmania and Western Australia covering protein meals, rendering, abalone, rock lobster and piggeries. Successfully prepared contracts for $10m expansion of commercial piggery and $13 million expansion of pork abattoir. Also provides extensive day to advice on leases, commercial fishing permits, trading terms and commercial contracts.
  • Acted for Australian listed gold miner in successfully restructuring of $87 million debt financing facility, including extensive negotiations with security trustees and investment banks in New York and Sydney. End to end restructuring advice concerning debt note facility linked to gold price, warrant deeds, security trust deeds, etc.
  • Acted for an Australian listed gold explorer bidding for an operating gold mine in Niger. Extensive assistance with due diligence, advising in relation to the Mining Code of Niger and negotiating an Asset Sale Agreement and related documents.
  • Acting for an Australian listed gold explorer purchasing a Moroccan copper project.
  • Advised listed Australian gold explorer farming into mining permits in Burkina Faso and separately in Liberia, including negotiating farm-in and royalty Agreements.
  • Prepared Oil and Gas Services Agreements for an Australian company delivering oil and gas pipeline services in Bangladesh and Thailand.
  • Successfully advised an Australian mining services company to set up new business to exploit global resources opportunities. Established a Limited Partnership and a General Partnership in the Cayman Islands, including preparing all required agreements.
  • Prepared numerous farm-in, joint venture agreements, land access and compensation agreements for listed and non-listed exploration companies.
  • Prepared numerous subcontractor and procurement (including plant hire) agreements for mining services companies supplying to major resources construction projects.
  • Successfully advised a Silicon Valley based software company in relation to acquisition of a software business from an Australian vendor, including IP due diligence.
  • Successfully advised vendor of Perth data centre selling the facility to an ASX listed Telco.
  • Successfully advised vendor of mining software house selling to one of world’s largest mining and mapping software companies.
  • Successfully advised IT services provider selling company to ASX listed IT company.
  • Successfully advised large agribusiness in relation to moving from in-house IT solution to Telstra hosted Cloud environment (production, disaster recovery, backup).
  • Successfully advised oil and gas services company selling business to ASX listed training provider.
  • Successfully advised large industrial company in relation to Oracle software licensing audit and licensing compliance.
  • Acted for an Australian company entering USA for sports nutritional supplements – manufacturing, distribution, branding and licensing agreements.
  • Prepared numerous software license agreements, distribution agreements, reseller agreements, EUSLAs, support and maintenance and service level agreements (including SaaS and Cloud Agreements), consulting contracts, etc.
  • Reviewing numerous IT procurement contracts.
  • Advised many software, medical and mobile app start-ups in relation to business structuring, shareholder agreements, terms and conditions, fundraising documents, commercialisation agreements, manufacturing, distribution, branding and licensing agreements.