Evan J.Sylwestrzak

Of Counsel

Perth + 61.8.6214.5738

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Evan Sylwestrzak is an experienced dispute resolution lawyer, whose practice focuses on energy, resources, construction, and infrastructure disputes. He also has experience in corporate restructuring and insolvency matters.

Evan has acted in a range of complex litigation and arbitration matters involving significant commercial contracts, mining and gas disputes, property and tenure disputes, securities enforcement, and insolvencies. He has represented major corporate clients, insolvency practitioners, and the Commonwealth of Australia.

Evan has acted in a number of high-value and complex disputes, including for a large mining company in proceedings involving a land access agreement with native title holders in Western Australia. He also worked for a commodities exporter regarding an application to access rail infrastructure in Western Australia; a resources company in a long-term gas supply contract; an engineering and construction company in a dispute relating to the commissioning of an offshore platform; a large oil and gas company in an incident involving a drilling rig; and an engineering and construction company in court and arbitration proceedings regarding joint venture issues and disputes with a contract for construction and engineering works for an LNG (liquefied natural gas) processing facility.

Evan is a member of Energy and Resources Law, the Energy Club of Western Australia, and the Turnaround Management Association.

Experience

  • QIC invests A$200 million in restructuring of Virgin AustraliaJones Day advised the Queensland Investment Corporation (QIC) on its A$200 million combined debt and equity investment and participation in the A$3.5 billion recapitalization and acquisition out of administration of Australia's second largest airline, Virgin Australia, by Bain Capital.
  • WMRC seeks advice in waste management dispute with DiCOM AWTJones Day is acting for the Western Metropolitan Regional Council (WMRC) in disputes with DiCOM AWT Operations (DiCOM), the operator of a waste processing facility on the WMRC's land.
  • ICWA protects its interests as creditor and funder in Bell Group liquidationsJones Day is acting for the Insurance Commission of Western Australia ("ICWA"), a Western Australian government entity, in proceedings commenced in the Supreme Court of Western Australia concerning the distribution to creditors of over $1.8 billion in the liquidations of the Bell Group.
  • ICWA and JN Taylor Finance (in liquidation) challenge liquidator's decision to review or re-adjudicate a proof of claim admitted over 20 years agoJones Day is acting for the Insurance Commission of Western Australia ("ICWA") in proceedings commenced by JN Taylor Finance Pty Ltd (in liquidation) and ICWA in the Supreme Court of Western Australia seeking to reverse a liquidator's decision to review or re-adjudicate a proof of claim that was admitted in the liquidation of The Bell Group Limited in the amount of approximately $291 million over 20 years ago.
  • Duro Felguera prevails in international arbitration arising out of Roy Hill Iron Ore ProjectJones Day successfully acted for Duro Felguera Australia Pty Ltd. in a significant international arbitration with Samsung C&T Corporation arising out of the US$10 billion Roy Hill Iron Ore Project.
  • Monadelphous litigates in Supreme Court of Western AustraliaJones Day acted for Monadelphous KT Pty Ltd. in proceedings in the Supreme Court of Western Australia (and two adjudications) concerning the construction of the Fortescue River Gas Pipeline Project, a 270km pipeline connecting the Dampier to Bunbury Natural Gas Pipeline to Fortescue Metal’s Solomon Hub mine.
  • Jacobs Group seeks advice in dispute relating to payments made under alleged unfair preferencesJones Day acted for Jacobs Group (Australia) Pty Ltd ("Jacobs") in relation to a dispute with the liquidator of Western Desert Resources Ltd.
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    January 2023 Newsletters

    Australian Financial Services Regulatory Update | Q3–Q4 2022

    November 2022 Commentary

    First in Line in Australia: Resolving Competing Priorities Regimes When Winding up Companies in a Partnership

    August 2022 Newsletters

    Australian Financial Services Regulatory Update

    June 2022 Commentary

    Stopping the Phoenix From Rising: Australian Court Provides First Guidance on Creditor-Defeating Dispositions

    June 2022 Newsletters

    Australian Financial Services Regulatory Update

    January 2022 Commentary

    Set Aside: Australian Creditors Unable to Rely on Statutory Set-Offs to Defend Unfair Preference Claims

    July 2021 Commentary

    After a Peak Comes the Fall: Australian Federal Court Rejects "Peak Indebtedness Rule"

    February 2021 Newsletters

    Australian Financial Services Regulatory Update

    September 2020 Newsletters

    Australian Financial Services Regulatory Update

    August 2020 Commentary

    Back on Top: Australian Court Affirms the "Peak Indebtedness Rule" in Unfair Preference Claims
    View All

    Speaking Engagements

    • November 10, 2022
      Contemporary Issues with Royalties in Australia
    • March 22, 2022
      Privilege in regulatory investigations and commercial disputes
    • February 24, 2021
      Navigating the Voluntary Administration and Insolvency process
    • February 26, 2020
      The impending Uniform Legal Profession framework and Lawyers’ duties to the Court and Clients – what you need to know
    • August 16, 2018
      Unfair preference claims under the Corporations Act 2001 (Cth)
    • September 5, 2017
      Fury Road: Navigating the Pathway through Insolvency

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