Evan Goldman
Partner, Brisbane
I'm a strategic commercial litigation and dispute resolution expert focused on energy and resources disputes, international arbitration, and cross-border cases. My experience spans the energy transition from coal to oil & gas to critical minerals and wind, solar and hydrogen projects.

I take a problem-solving approach and work collaboratively with my clients to identify the real drivers of disputes within their broader commercial context and tailor a purposeful approach to their resolution.

I have extensive experience in all stages of complex litigation, arbitration and alternative dispute resolution processes and advise on risk allocation and dispute resolution, arbitration and expert determination clauses in contracts with Australian and international counterparties.

I was recognised in Doyle's Guide's Commercial Litigation & Dispute Resolution 'Rising Stars' lists in 2020, 2022 and 2023 and in the 2023 and 2024 'Best Lawyers' Ones to Watch' lists for Alternative Dispute Resolution and Litigation.

Career highlights

Stanwell: Acting in the Queensland Energy Class Action commenced in the Federal Court of Australia against Stanwell and CS Energy. This matter is the largest claim for misuse of market power ever filed in Australia and involves complex issues of fact and law surrounding the National Electricity Market and the interaction between the National Electricity Rules and the Competition and Consumer Act.

Major oil and gas company: Acted in relation to a confidential international arbitration in Brisbane administered by the Singapore International Arbitration Centre relating to alleged breach of a share sale agreement and misleading or deceptive conduct concerning the sale of significant gas assets

Rio Tinto: Acted for the joint venture participants in the Gladstone Power Station in disputes with CS Energy, including resisting the enforcement of prejudicial expert determination procedures and seeking declaratory relief in the Supreme Court of Queensland. The JV's success at a trial of the declaratory relief and in defending an appeal by CS Energy in the Queensland Court of Appeal provided the circumstances to achieve a settlement of remaining disputes by agreement.

Leading global mining group: Developed a proactive bespoke strategy to favourably resolve a confidential international arbitration dispute with a European-based steel and mining group in respect of contracts for the delivery and shipping of coal from Queensland mines to European ports, including claims of breach of contract and force majeure.

Anglo American: Acted in disputes arising from the sale of Anglo American's interest in the Foxleigh mine, ranging from an expert determination of the working capital adjustment for the purchase price of the mine to Supreme Court and Court of Appeal proceedings to enforce the successful outcome obtained in the expert determination and defend against separate contractual claims.

Anglo American: Acted in a range of disputes with CS Energy and Intergen concerning long term supply of coal to the Callide power stations, including in respect of liquidated damages claims based on spot price compensation, the exercise of options to extend the supply contracts and force majeure and partial termination claims.

Thiess: Acted in significant cross-border litigation for a life of mine contract coal miner in Indonesia in a series of Supreme Court of Queensland proceedings, including:

  • a successful sovereign risk case in which the Court refused declarations sought by the mine owner that changes in the mining law of Indonesia had frustrated the parties' life of mine contract;
  • obtaining an unprecedented interlocutory injunction restraining the mine owner from taking possession of its plant at the mine in Indonesian or procuring a third party to undertake services;
  • obtaining judgment in excess of AU$400 million for a debt under a deed of settlement with complex payment mechanisms and corresponding sales of coal mining plant and equipment (including upholding a provision for >18% interest against challenge under the doctrine of penalties).