Could you tell us a bit about your significant successes in your role?

In the disputes part of my role, significant successes have included: (1) the successful dismissal of US (Hawaiian) climate change litigation against the company due to strategic and novel jurisdictional arguments; (2) the successful defence of a US securities class action (and the settlement of another) relating to the Fundão dam failure; (3) the strike-out of an English group action (said to be the largest in English history) against the company relating to the Fundão dam failure (this decision was later overturned on appeal); and (4) a $529m settlement of a transfer pricing dispute with the ATO. I also led the company’s work in connection with the Commonwealth inquiry relating to Juukan Gorge and the WA inquiry relating to sexual harassment (for example, the drafting of submissions and support in connection with hearings, media engagement and site visits) where the company made important contributions to the inquiry outcomes.

My team and I also provide the critical legal support necessary to help enable the company’s sustainability goals and ambitions. Significant recent examples include legal support in connection with: (1) the development of BHP’s Climate Transition Action Plan; (2) Australia’s first “Say on Climate” shareholder resolution (which received 85% support from shareholders); (3) the development of BHP’s 2030 Social Value Goals; and (4) the updating of BHP’s Indigenous Peoples Policy.

In your opinion, what are the qualities and skills needed to form a strong legal team?

A strong legal team needs authentic and inclusive leaders with vision, energetic and collaborative people who understand the business and speak its language, and an empowering culture that encourages creativity and strategic thinking. In addition to technical expertise, essential skills include excellent project management and the ability to build strong relationships and communicate clearly and succinctly.

What is the biggest risk to your industry or organisation and how are you contributing to prepare your organisation for this?

ESG risk, particularly risks relating to climate change, indigenous engagement, water, human rights, and biodiversity. These risks impact almost every aspect of our operations, and the legal team has a critical role to play in helping to identify and mitigate ESG risk.

Over the last 18 months, another senior lawyer and I have set up a new sustainability and ESG legal sub-team within my team that works exclusively on ESG matters. The core functions of this team include: (1) advising on company strategy, policy and external communications and engagement in key ESG areas; (2) upskilling the broader legal team and the business in relation to ESG legal risks and opportunities; and (3) identifying emerging ESG legal risks and opportunities and helping the company plan ahead for these.

What challenges have you overcome to get to the position you are in today?

I grew up on a small farm in the country. I had an amazing childhood, but my early education was weak by Australian standards. For most of my university years, I also worked long hours to support myself and save for an exchange year, which made study challenging.