Eugene Fung

Eugene has over 28 years’ experience practising corporate and commercial law.

Eugene’s range of industry experience includes energy (particularly renewable energy) and resources projects, mining services, agribusiness, manufacturing, private equity, financial services, technology commercialisation, property development, and franchising.

Eugene’s areas of expertise are:

• Corporate finance – equity capital markets, public market floats, securities and financial services law, capital management, and recapitalizations.
• Mergers and acquisitions – takeovers, schemes of arrangements, private equity transactions, cross border transactions, due diligence, and corporate restructuring.
• Corporate governance – directors’ duties, disclosure obligations, executive remuneration, and equity incentive plans.
• Primary industries – Strategic investments, foreign investment, joint ventures, farm ins, farm outs, renewable energy, procurement, commodity offtake agreements, native title and aboriginal cultural heritage issues, land access, and compensation.

Eugene was a non-executive director of Austin Engineering Ltd (ASX:ANG) between 2004 and 2016. During that time, the company made multiple acquisitions and greenfield developments in Australia, the US, Indonesia, Chile, Peru, and Colombia and grew in market capitalisation from A$12 million to A$400 million in 2010. Austin was recognised by Forbes Asia in September 2010 in the Top 200 Asia-Pacific companies ‘under a billion dollars’.

Eugene is experienced in international and cross border transactions and negotiations. He speaks fluent Cantonese.

Recent experience includes:

• Advised ReNu Energy Limited (ASX:RNE) on its $100 million bioenergy alliance with Resonance Industrial Water Infrastructure Fund (RIWIF). ReNu is an independent power producer which delivers its customers with clean energy products, at a lower price, with no upfront costs.

• Advised Domino's Pizza Enterprises Limited (DPE) on its minority share acquisition of Bain Capital Domino Hong Kong Limited’s (Bain Capital) shares in Domino’s Pizza Japan (DPJ) (A$42m).

• Advised Domino's Pizze Enterprises Limited (DPE) on the acquisition of Germany's largest independent pizza chain, Hallo Pizza by Domino’s Pizza Deutschland (a joint venture between DPE and Domino’s Pizza Group plc (the LSE listed UK master franchisee) (A$100m).

• Advised leading companies on corporate finance matters, including Domino’s Pizza Enterprises Limited (IPO and ASX listing), ABN AMRO Morgans (underwriter of numerous capital raisings), Titan Energy Services Limited (hybrid debt and equity raising).

• Advised on regulated takeovers and schemes of arrangement for Toho Zinc Co Ltd in the takeover of CBH Resources, The National Titanium Dioxide Company (Cristal) (Saudi Arabia) takeover of Bemax Resources, and Auzex Resources Limited in the demerger scheme to spin off non-core assets and merger scheme with AIM listed partner.

• Advised on acquisition of Domino’s Pizza master franchise rights in France, Netherlands, Belgium, Japan and Germany.

• Advised on major projects, including Cooper Basin Geothermal Power Project (recognised as a project of national significance), BBM Coking Coal Project in Indonesia, and the Rasp Mine in Broken Hill, NSW.

• Advised on cross border matters, including New Hope Group (China’s largest private agribusiness) on inbound acquisition funding, China Coal Import & Export Company (SOE) on joint venture with local coal explorer, LIM Asia Arbitrage Fund (special situations investments), and Toho Zinc and The National Titanium Dioxide Company (Cristal) on its domestic mining assets.