1 00:00:04,880 --> 00:00:10,520 Speaker 1: The Australian Financial Review. When Australian law firm Mallison Stephen 2 00:00:10,600 --> 00:00:14,600 Speaker 1: Shak merged with China's king and Wood in twenty twelve, 3 00:00:15,080 --> 00:00:16,280 Speaker 1: it broke new ground. 4 00:00:16,800 --> 00:00:21,760 Speaker 2: So Kate WM is the first international firm headquartered in Asia. 5 00:00:22,440 --> 00:00:26,880 Speaker 2: So the future for US is aligned with very much 6 00:00:27,000 --> 00:00:30,800 Speaker 2: the emergence of Asia, including China. 7 00:00:30,880 --> 00:00:34,000 Speaker 1: Shi Jimping was just coming to power, and while the 8 00:00:34,040 --> 00:00:39,040 Speaker 1: two countries' political and legal systems were vastly different, most lawyers, 9 00:00:39,120 --> 00:00:43,320 Speaker 1: politicians and business people believe China would continue to open up. 10 00:00:43,240 --> 00:00:43,800 Speaker 3: To the world. 11 00:00:44,920 --> 00:00:48,120 Speaker 1: One person who was there right from the start was 12 00:00:48,200 --> 00:00:52,560 Speaker 1: Chinese lawyer Rupert Lee. He was integral to the merging 13 00:00:52,600 --> 00:00:56,240 Speaker 1: negotiations and would go on to become the firm's chief 14 00:00:56,280 --> 00:01:01,840 Speaker 1: operating officer its third most senior executive. But late last year, 15 00:01:02,320 --> 00:01:07,080 Speaker 1: Rupert Lee was out. His sudden departure led Financial Review 16 00:01:07,160 --> 00:01:11,280 Speaker 1: journalist Max Shanahan to start digging around, and what he 17 00:01:11,400 --> 00:01:15,920 Speaker 1: discovered among court files in Beijing, allegedly corrupt wind farm 18 00:01:15,959 --> 00:01:20,479 Speaker 1: deals in Montenegro and a controversial legal conference in Russia, 19 00:01:21,040 --> 00:01:26,479 Speaker 1: has raised serious questions about how Kingenwood Mallison's manages risk 20 00:01:26,640 --> 00:01:29,560 Speaker 1: and conflicts across its jurisdictions. 21 00:01:30,120 --> 00:01:32,800 Speaker 3: Kingwood Mallisons has no independent directors who might pull them 22 00:01:32,880 --> 00:01:34,800 Speaker 3: up and say, you know, hold on what deals we 23 00:01:34,920 --> 00:01:38,720 Speaker 3: being exposed to? Why is Rupert who's on our global 24 00:01:38,720 --> 00:01:41,600 Speaker 3: board worrying eight million Hong Kong dollars from the firm? 25 00:01:41,680 --> 00:01:42,680 Speaker 3: When's he going to pay it? Buck? 26 00:01:43,319 --> 00:01:47,199 Speaker 1: Welcome to the Finn. I'm Lisa Murray. This week Max 27 00:01:47,240 --> 00:01:52,720 Speaker 1: Shanahan on kwm's China experiment and whether it can last. 28 00:02:01,160 --> 00:02:16,320 Speaker 1: It's Thursday, June nineteenth. Hi, Max, thanks for coming on 29 00:02:16,360 --> 00:02:20,280 Speaker 1: the podcast, Lisa, thanks for having me. KM has been 30 00:02:20,360 --> 00:02:24,840 Speaker 1: operating as a global law firm since twenty twelve. What 31 00:02:25,080 --> 00:02:27,919 Speaker 1: made you decide to start looking into the merged firm 32 00:02:28,000 --> 00:02:29,720 Speaker 1: and how it works now? 33 00:02:30,240 --> 00:02:33,040 Speaker 3: Oh, well, I've always been interested in how the mergers worked. 34 00:02:33,560 --> 00:02:36,079 Speaker 3: It's a merge between an Australian and a Chinese law firm. 35 00:02:36,120 --> 00:02:39,240 Speaker 3: They're such radically different legal systems it must be really 36 00:02:39,320 --> 00:02:41,679 Speaker 3: difficult to bridge those systems. How are they pulling it off? 37 00:02:41,720 --> 00:02:43,960 Speaker 3: If they are pulling it off? And so the way 38 00:02:43,960 --> 00:02:46,679 Speaker 3: this sort of all came about was I'd written a 39 00:02:46,720 --> 00:02:50,960 Speaker 3: story about the global chief executive retiring Soe Kench and 40 00:02:51,000 --> 00:02:53,440 Speaker 3: then I started to hear about this guy Rupert Lee, 41 00:02:53,560 --> 00:02:56,880 Speaker 3: who was the global chief operating officer, heard that he 42 00:02:56,960 --> 00:02:59,200 Speaker 3: was leaving as well, and I'd planned to write a 43 00:02:59,240 --> 00:03:01,960 Speaker 3: story about it. But then last October one of the 44 00:03:01,960 --> 00:03:05,840 Speaker 3: international legal trade publications reported that not only was he 45 00:03:05,919 --> 00:03:08,560 Speaker 3: leaving the firm, Kingwood Mallison's was suing him for eight 46 00:03:08,600 --> 00:03:11,160 Speaker 3: million Hong Kong dollars, and so that sort of set 47 00:03:11,160 --> 00:03:12,440 Speaker 3: off all sorts of red flags. 48 00:03:13,480 --> 00:03:15,520 Speaker 1: So he started looking into Rupert Lee. 49 00:03:16,040 --> 00:03:18,320 Speaker 3: Yeah, so it turned out that he got himself into 50 00:03:18,400 --> 00:03:21,320 Speaker 3: quite a bit of legal and financial trouble. So obviously 51 00:03:21,360 --> 00:03:23,960 Speaker 3: there was some sort of falling out, and katiewm had 52 00:03:24,000 --> 00:03:27,520 Speaker 3: sued Rupert Lee for taking an eight million Hong Kong 53 00:03:27,520 --> 00:03:30,560 Speaker 3: doll alone from the Hong Kong partnership. So it got 54 00:03:30,600 --> 00:03:32,480 Speaker 3: to the points where we had to try and track 55 00:03:32,560 --> 00:03:34,800 Speaker 3: him down. By this time he'd left the firm, he 56 00:03:34,880 --> 00:03:36,720 Speaker 3: was sort of difficult to get in touch with. So 57 00:03:36,760 --> 00:03:39,160 Speaker 3: we sent someone around to his place in Hong Kong, 58 00:03:39,240 --> 00:03:41,920 Speaker 3: in quite a nice neighborhood on Hong Kong Islands, and 59 00:03:41,960 --> 00:03:44,520 Speaker 3: we dropped a list of questions under his door. A 60 00:03:44,520 --> 00:03:46,600 Speaker 3: few days went by and I managed to track down 61 00:03:46,640 --> 00:03:48,240 Speaker 3: a phone number and I gave him a call and 62 00:03:48,280 --> 00:03:50,520 Speaker 3: he said he'd received our questions and he was going 63 00:03:50,560 --> 00:03:51,520 Speaker 3: to send me a response. 64 00:03:52,040 --> 00:03:55,560 Speaker 1: So before we delve into Rupert Lee's financial and legal 65 00:03:55,600 --> 00:03:59,400 Speaker 1: problems and how he responded to your questions, let's go 66 00:03:59,520 --> 00:04:02,720 Speaker 1: right back to the start. Why did Mallisons and King 67 00:04:02,840 --> 00:04:05,160 Speaker 1: and Would decide to merge in the first place. 68 00:04:05,920 --> 00:04:08,320 Speaker 3: So Mallison's has always been one of the top firms 69 00:04:08,320 --> 00:04:11,120 Speaker 3: in Australia. It was founded almost two hundred years ago. 70 00:04:11,520 --> 00:04:15,000 Speaker 3: Two of the current High Court bench did time at Mallison's. 71 00:04:15,120 --> 00:04:18,279 Speaker 3: There's sort of high profile business people and war directors 72 00:04:18,400 --> 00:04:22,200 Speaker 3: like Nicola Wakefield Evans for example. They're sort of smattering 73 00:04:22,240 --> 00:04:25,200 Speaker 3: of kind of conservative politicians that have come out of there. 74 00:04:25,520 --> 00:04:27,240 Speaker 3: And so it's a place that if you go through 75 00:04:27,320 --> 00:04:29,080 Speaker 3: law school and you get a clerk shup at Mallison's, 76 00:04:29,480 --> 00:04:31,640 Speaker 3: you're sort of set up for a good career if 77 00:04:31,680 --> 00:04:33,479 Speaker 3: you stay in the firm all through the connections you 78 00:04:33,560 --> 00:04:35,520 Speaker 3: get you can go on to arrange different careers in 79 00:04:35,600 --> 00:04:38,240 Speaker 3: the bar or in business. And so the context of 80 00:04:38,279 --> 00:04:41,880 Speaker 3: the merger is about fifteen years ago a lot of 81 00:04:41,880 --> 00:04:44,920 Speaker 3: Mallison's rivals in Australia were doing deals to tie up 82 00:04:44,920 --> 00:04:47,640 Speaker 3: with UK firms to add some sort of global element 83 00:04:47,680 --> 00:04:51,039 Speaker 3: to their business. So Free Hills, an Australian law firm, 84 00:04:51,040 --> 00:04:53,440 Speaker 3: did a tie up with Herbert Smith Allen's, one of 85 00:04:53,440 --> 00:04:56,480 Speaker 3: their big rivals with Link Leaders, a UK firm and 86 00:04:56,520 --> 00:04:59,000 Speaker 3: Mallison's had tried the other few times but nothing really 87 00:04:59,360 --> 00:05:01,640 Speaker 3: came to pass, so they started to talk to China. 88 00:05:01,760 --> 00:05:02,159 Speaker 4: Mm hmm. 89 00:05:04,240 --> 00:05:07,200 Speaker 5: Chinese President Hu Jintao arrived at the White House to 90 00:05:07,360 --> 00:05:11,960 Speaker 5: an elaborate welcome ceremony. The two leaders spent most of 91 00:05:12,000 --> 00:05:16,480 Speaker 5: their time talking about the economy, both repeatedly uttering the word. 92 00:05:16,320 --> 00:05:18,599 Speaker 6: Of the day cooperation, cooperation. 93 00:05:18,800 --> 00:05:21,000 Speaker 3: And at this time China's economy was really booming and 94 00:05:21,040 --> 00:05:23,120 Speaker 3: it was the next big thing. Trade between Australia and 95 00:05:23,200 --> 00:05:26,320 Speaker 3: China was really expanding at a rapid base. 96 00:05:26,640 --> 00:05:29,159 Speaker 6: Well it was because of the continuing demand from China, 97 00:05:29,279 --> 00:05:32,359 Speaker 6: largely that Australia's economy managed to fare better than most 98 00:05:32,360 --> 00:05:35,080 Speaker 6: developed countries during last year's global financial crisis. 99 00:05:35,080 --> 00:05:37,279 Speaker 3: It was opening up its economy and everyone thought this 100 00:05:37,440 --> 00:05:40,520 Speaker 3: growth and liberalization would just continue as it was. 101 00:05:40,760 --> 00:05:44,240 Speaker 7: The pilot Free Trade Zone allows foreign competitors' access to 102 00:05:44,320 --> 00:05:48,000 Speaker 7: China's highly protected services sector. The government is promising to 103 00:05:48,040 --> 00:05:50,680 Speaker 7: cut through the red tape for businesses opening here and 104 00:05:50,680 --> 00:05:52,400 Speaker 7: give investors tax benefits. 105 00:05:52,760 --> 00:05:55,200 Speaker 3: The merger was eventually done into the last few months 106 00:05:55,200 --> 00:05:59,279 Speaker 3: of the Hugean Taoer era, and there was a new leader, Xijimping, 107 00:05:59,440 --> 00:06:01,880 Speaker 3: who was meant to continue on this liberalization. 108 00:06:02,360 --> 00:06:05,320 Speaker 4: However, it is widely hoped that his new government will 109 00:06:05,360 --> 00:06:08,440 Speaker 4: take some drastically needed reforms in order to get the 110 00:06:08,480 --> 00:06:11,680 Speaker 4: country's economy back on track and to fight the ever 111 00:06:11,720 --> 00:06:13,279 Speaker 4: growing problem of corruption. 112 00:06:14,120 --> 00:06:17,200 Speaker 1: I was actually in China at the time in twenty twelve, 113 00:06:17,200 --> 00:06:20,240 Speaker 1: and I remember that period. I remember the merger and 114 00:06:20,240 --> 00:06:23,000 Speaker 1: everyone being so excited about it, and I also remember 115 00:06:23,440 --> 00:06:26,560 Speaker 1: writing stories about China at the time opening up not 116 00:06:26,680 --> 00:06:31,360 Speaker 1: just economically but politically. Everyone expected political reforms from Sheeting Ping, 117 00:06:31,520 --> 00:06:34,159 Speaker 1: So there was a lot of optimism at the time. 118 00:06:34,560 --> 00:06:37,080 Speaker 3: And both firms saw a huge opportunity in this to 119 00:06:37,120 --> 00:06:40,080 Speaker 3: capitalize on that sentiment, and so the dually ended up 120 00:06:40,080 --> 00:06:42,120 Speaker 3: doing was with King and Wood, which is one of 121 00:06:42,120 --> 00:06:44,080 Speaker 3: the top Chinese firms that was set up in the 122 00:06:44,120 --> 00:06:47,680 Speaker 3: early nineties just as private law firms were first allowed 123 00:06:47,720 --> 00:06:50,640 Speaker 3: in China, and from the start it wanted to really 124 00:06:50,640 --> 00:06:54,960 Speaker 3: focus on doing international work and appealing to Western clients, 125 00:06:55,320 --> 00:06:57,080 Speaker 3: so its name is a great example. There was no 126 00:06:57,200 --> 00:07:00,840 Speaker 3: King no Wood. They were just emulating this ideal of 127 00:07:00,880 --> 00:07:05,200 Speaker 3: what an imagined kind of authoritative and well connected Western 128 00:07:05,279 --> 00:07:08,039 Speaker 3: law firm looks like. At the time they merged, there 129 00:07:08,080 --> 00:07:10,200 Speaker 3: were sort of roughly the same size between one hundred 130 00:07:10,200 --> 00:07:12,960 Speaker 3: and fifty two hundred partners, and now the Chinese partnership 131 00:07:13,000 --> 00:07:16,680 Speaker 3: is double the size of the Australian partnership. And there's 132 00:07:16,680 --> 00:07:18,960 Speaker 3: this great scene in a book that was written about 133 00:07:19,080 --> 00:07:22,600 Speaker 3: the history of Kingwood Mallson's where these three senior Australian 134 00:07:22,600 --> 00:07:25,200 Speaker 3: partners get on a plane to Beijing and then they 135 00:07:25,280 --> 00:07:27,800 Speaker 3: turn up in their shirt sleeves and it's freezing cold, 136 00:07:27,840 --> 00:07:30,320 Speaker 3: and they make their way to the Kingwood offices in 137 00:07:30,320 --> 00:07:33,920 Speaker 3: this big tall building in Beijing, and they greeted in 138 00:07:33,960 --> 00:07:36,520 Speaker 3: this huge boardroom. There's only three of them, and on 139 00:07:36,520 --> 00:07:39,600 Speaker 3: the other side there's eleven Chinese partners and this guy 140 00:07:39,640 --> 00:07:42,520 Speaker 3: who was managing partner, as time Strooke Fuller, he leans 141 00:07:42,520 --> 00:07:44,600 Speaker 3: across to his colleagues and he says, you know, I 142 00:07:44,600 --> 00:07:45,680 Speaker 3: think we've undercooked this. 143 00:07:46,440 --> 00:07:51,440 Speaker 1: But despite the Mallison's delegation being completely out numbered, the 144 00:07:51,560 --> 00:07:55,840 Speaker 1: talks went well, the two firms did end up eventually merging. 145 00:07:56,720 --> 00:07:59,720 Speaker 1: Tell us about the deal, how did it actually work. 146 00:08:00,400 --> 00:08:03,000 Speaker 3: So the firm's structured as a Swiss Varian, which is 147 00:08:03,040 --> 00:08:06,320 Speaker 3: this sort of structure that's not uncommon in these big 148 00:08:06,360 --> 00:08:10,480 Speaker 3: international law firms, and it means that each member partnership 149 00:08:10,480 --> 00:08:13,800 Speaker 3: in each country is financially separate, so things go badly 150 00:08:13,840 --> 00:08:15,680 Speaker 3: in one part of the world, it doesn't bring the 151 00:08:15,720 --> 00:08:18,080 Speaker 3: rest of the firm down with it. So what's different 152 00:08:18,080 --> 00:08:22,480 Speaker 3: about Kingwood Mallison's is there's only three main partnerships as Australia, 153 00:08:22,600 --> 00:08:25,360 Speaker 3: China and Hong Kong, so that's a bit unique. But 154 00:08:25,480 --> 00:08:28,040 Speaker 3: despite that, it's intended to present to the world as 155 00:08:28,040 --> 00:08:30,840 Speaker 3: a single firm. It's pitched to clients as I think 156 00:08:30,880 --> 00:08:33,920 Speaker 3: the line that uses where the top tier international firm 157 00:08:34,040 --> 00:08:37,200 Speaker 3: for Asia from Asia. So the merger presented heaps of 158 00:08:37,200 --> 00:08:40,480 Speaker 3: opportunities for the firm, but the different Australian and Chinese 159 00:08:40,480 --> 00:08:43,440 Speaker 3: attitudes in some cases to governance and risk also through 160 00:08:43,520 --> 00:08:44,600 Speaker 3: up lots of challenges. 161 00:08:44,960 --> 00:08:48,960 Speaker 8: What are some of the challenges you've confronted in putting together. 162 00:08:48,840 --> 00:08:51,960 Speaker 5: Such established firms from such different settings. 163 00:08:52,040 --> 00:08:55,320 Speaker 8: Yes, we don't have long enough for all of the challenges. 164 00:08:55,600 --> 00:08:56,840 Speaker 8: It's a classic question. 165 00:08:56,720 --> 00:08:59,160 Speaker 3: In an interview about a decade ago then global managing 166 00:08:59,200 --> 00:09:00,760 Speaker 3: partners to it full set as much. 167 00:09:01,080 --> 00:09:04,000 Speaker 8: Right from the start of Kingwood and Mallisons, this concept 168 00:09:04,000 --> 00:09:06,959 Speaker 8: of merger of equals not a takeover of Australia of 169 00:09:07,080 --> 00:09:10,240 Speaker 8: China or China of Australia. Everybody has an equal voice. 170 00:09:10,280 --> 00:09:12,400 Speaker 3: But he stressed that the two firms still shared these 171 00:09:12,400 --> 00:09:15,800 Speaker 3: common values and the relationship was developing with speed and 172 00:09:15,840 --> 00:09:16,800 Speaker 3: everything was going to plan. 173 00:09:17,000 --> 00:09:19,360 Speaker 8: I think every month and every year that goes by, 174 00:09:19,679 --> 00:09:22,160 Speaker 8: people see the benefit of merging the firms. 175 00:09:22,440 --> 00:09:26,520 Speaker 3: And so while this varian structure isolates risk, it also 176 00:09:26,559 --> 00:09:28,920 Speaker 3: has the effect of clouding visibility over each of the 177 00:09:28,960 --> 00:09:33,280 Speaker 3: partner firms, particularly in the Mallison's case, when you have 178 00:09:33,800 --> 00:09:37,920 Speaker 3: clients with big data protection of concerns, they want to 179 00:09:37,920 --> 00:09:39,719 Speaker 3: know that their data isn't going to be shared with 180 00:09:39,760 --> 00:09:41,320 Speaker 3: the Chinese part of the firm, So you have to 181 00:09:41,360 --> 00:09:44,559 Speaker 3: erect these walls within the firm, which sort of compounds 182 00:09:45,120 --> 00:09:48,760 Speaker 3: the existing walls between the partnerships. So that makes things 183 00:09:49,200 --> 00:09:52,160 Speaker 3: difficult to manage in some cases. So what it really 184 00:09:52,200 --> 00:09:55,800 Speaker 3: means is that while each partnership leverages the brand the 185 00:09:55,840 --> 00:10:00,480 Speaker 3: reputation and the international connections of KWM, in practice, little 186 00:10:00,520 --> 00:10:03,600 Speaker 3: knowledge or transparency over what each part of the firm 187 00:10:03,840 --> 00:10:06,280 Speaker 3: is working on. So I spoke to a bunch of 188 00:10:06,320 --> 00:10:09,640 Speaker 3: former partners and staff at KWM, some of whom were 189 00:10:09,679 --> 00:10:12,160 Speaker 3: really closely involved in the merger, some of whom were 190 00:10:12,160 --> 00:10:14,839 Speaker 3: there until quite recently, and they all said that there 191 00:10:14,880 --> 00:10:18,080 Speaker 3: was always an awareness that there were transparency issues in 192 00:10:18,160 --> 00:10:21,400 Speaker 3: the partnership. One former partner said they caught it within 193 00:10:21,440 --> 00:10:24,240 Speaker 3: the firm the Great Wall of China, which he took 194 00:10:24,240 --> 00:10:26,240 Speaker 3: to me, and the gap between what you understand is 195 00:10:26,240 --> 00:10:29,479 Speaker 3: happening and what is actually happening in the Chinese partnership. 196 00:10:29,960 --> 00:10:32,800 Speaker 3: Another gave me an example. They were working with a 197 00:10:32,880 --> 00:10:35,119 Speaker 3: major bank kill as a client and they had operations 198 00:10:35,120 --> 00:10:37,880 Speaker 3: in Australia, Hong Kong and China, but they just couldn't 199 00:10:37,920 --> 00:10:40,680 Speaker 3: find out which partner in the Chinese firm the client 200 00:10:40,760 --> 00:10:42,760 Speaker 3: was using, so in the end they had to go 201 00:10:42,760 --> 00:10:45,280 Speaker 3: and ask the client directly. So I was clearly problems 202 00:10:45,320 --> 00:10:49,200 Speaker 3: with communication between the international elements and yeah, because of 203 00:10:49,200 --> 00:10:53,200 Speaker 3: all these cybersecurity concerns that clients had, there were big 204 00:10:53,240 --> 00:10:56,480 Speaker 3: internal boundaries erected between the partnerships. They were on completely 205 00:10:56,520 --> 00:11:01,560 Speaker 3: different document sharing systems. Even simple inform was difficult to 206 00:11:01,720 --> 00:11:04,559 Speaker 3: obtain and it really was an environment that was conducive 207 00:11:04,600 --> 00:11:07,520 Speaker 3: to any sort of corporation or collaboration and rupe. 208 00:11:07,520 --> 00:11:10,839 Speaker 1: At least job as chief operating officer was to oversee 209 00:11:10,880 --> 00:11:15,240 Speaker 1: that cooperation between the Australian and Chinese lawyers. But it 210 00:11:15,280 --> 00:11:18,520 Speaker 1: doesn't sound like there was much going on. Max. When 211 00:11:18,520 --> 00:11:22,000 Speaker 1: did Lee's problems become a problem for KWM. 212 00:11:22,520 --> 00:11:24,960 Speaker 3: Yeah, So it turns out that while he was global 213 00:11:25,040 --> 00:11:27,480 Speaker 3: Chief operating Officer of the firm, which is quite a 214 00:11:27,480 --> 00:11:29,719 Speaker 3: big job, he was also had this whole range of 215 00:11:29,760 --> 00:11:32,640 Speaker 3: private business interests on the side, probably the most colorful 216 00:11:32,679 --> 00:11:35,320 Speaker 3: of which is this payments company, which got caught up 217 00:11:35,360 --> 00:11:38,880 Speaker 3: in China's gambling crackdown in twenty twenty one. One of 218 00:11:38,960 --> 00:11:43,000 Speaker 3: its employees was convicted for facilitating payments for an illegal 219 00:11:43,000 --> 00:11:45,880 Speaker 3: aligning casino run by Sun City Group, which is quite 220 00:11:45,880 --> 00:11:49,199 Speaker 3: well known in Australia for its junkets operation, which came 221 00:11:49,280 --> 00:11:53,680 Speaker 3: up in inquiries into Crown and Star casinos. He was 222 00:11:53,679 --> 00:11:56,200 Speaker 3: alleged to have been part of a group that helped 223 00:11:56,400 --> 00:11:59,439 Speaker 3: channel funds to the chair of relisted company the chair 224 00:11:59,559 --> 00:12:03,240 Speaker 3: was also his business partner in a separate business. In 225 00:12:03,400 --> 00:12:05,880 Speaker 3: twenty twenty three, he gets this huge three hundred and 226 00:12:05,880 --> 00:12:09,719 Speaker 3: seventy million Hong Kong dollar money lenders claim from this mysterious, 227 00:12:09,920 --> 00:12:13,080 Speaker 3: small little lender in Kowloon. He says, nothing to worry 228 00:12:13,120 --> 00:12:15,439 Speaker 3: about there. Even if that is the case, it's sort 229 00:12:15,440 --> 00:12:18,160 Speaker 3: of a unusual thing for a global law firm executive 230 00:12:18,200 --> 00:12:22,000 Speaker 3: to be caught up in. And then in February last year, 231 00:12:22,040 --> 00:12:24,920 Speaker 3: he gets this bankruptcy petitioned from a financial firm in 232 00:12:24,960 --> 00:12:28,440 Speaker 3: Hong Kong, and Rupert says Katoem actually helped him out 233 00:12:28,440 --> 00:12:31,880 Speaker 3: here and they even opened a file for him, helped him. 234 00:12:31,960 --> 00:12:36,360 Speaker 3: He says, security settlement in this bankruptcy claim. Kingwood Mouson's 235 00:12:36,360 --> 00:12:39,760 Speaker 3: Australia completely denies that, which is a bit unusual. And 236 00:12:39,800 --> 00:12:41,839 Speaker 3: the other unusual thing is that there's this just lack 237 00:12:41,880 --> 00:12:44,959 Speaker 3: of agreement between Rupert and KWM about how he actually 238 00:12:45,040 --> 00:12:49,600 Speaker 3: came to leave the firm. So KWM Australia says that 239 00:12:49,720 --> 00:12:53,520 Speaker 3: KWM China asked him to resign halfway through last year 240 00:12:54,040 --> 00:12:57,559 Speaker 3: because of I presume all these financial business issues which 241 00:12:57,559 --> 00:12:59,800 Speaker 3: are really piling up on top of each other Ruperts 242 00:12:59,800 --> 00:13:02,400 Speaker 3: said that he actually left of his own cord and 243 00:13:02,440 --> 00:13:04,880 Speaker 3: that he was retained as a business consultant at the 244 00:13:04,880 --> 00:13:06,920 Speaker 3: firm until the end of last year, so there's a 245 00:13:06,960 --> 00:13:13,720 Speaker 3: bit of discordance between those two explanations. Naturally, all of 246 00:13:13,720 --> 00:13:15,720 Speaker 3: this made me want to look further into what he 247 00:13:15,760 --> 00:13:18,439 Speaker 3: was doing while I was still working for KIM, and 248 00:13:18,480 --> 00:13:21,600 Speaker 3: I discovered that in twenty seventeen he became the director 249 00:13:21,880 --> 00:13:25,360 Speaker 3: of this big state owned electricity company that was also 250 00:13:25,520 --> 00:13:28,680 Speaker 3: quite a major client to Kingwood Mouson's and about a 251 00:13:28,720 --> 00:13:31,880 Speaker 3: year before Lee joined the board of that firm, it 252 00:13:31,920 --> 00:13:34,800 Speaker 3: had brought into a wind farm project in Montenegro that 253 00:13:34,960 --> 00:13:40,440 Speaker 3: is now the subject of corruption investigations in three separate countries. 254 00:14:01,480 --> 00:14:04,840 Speaker 1: Max, we're talking about King and Wood Mallison's, the first 255 00:14:04,960 --> 00:14:08,880 Speaker 1: ever Sino Australian law firm, which has been operating for 256 00:14:08,920 --> 00:14:13,280 Speaker 1: over a decade now. Your investigation has uncovered some real 257 00:14:13,400 --> 00:14:17,040 Speaker 1: governance challenges for the firm and these were highlighted in 258 00:14:17,080 --> 00:14:20,880 Speaker 1: a wind farm deal which its lawyers advised on in Montenegro. 259 00:14:21,640 --> 00:14:24,520 Speaker 1: As you said, the deal is now the subject of 260 00:14:24,520 --> 00:14:29,080 Speaker 1: corruption investigations in three separate countries. Tell us about the 261 00:14:29,120 --> 00:14:32,040 Speaker 1: deal and how KWM was involved. 262 00:14:32,760 --> 00:14:36,280 Speaker 3: Yeah, So Kingwood Mallisons provided legal advice over the course 263 00:14:36,320 --> 00:14:40,239 Speaker 3: of about three years for this wind farm project in Montenegro. 264 00:14:40,680 --> 00:14:43,760 Speaker 3: It was a product of China's Belton Road initiative, which 265 00:14:43,840 --> 00:14:47,400 Speaker 3: was the signature foreign policy of jijimping. It provided huge 266 00:14:47,400 --> 00:14:50,920 Speaker 3: opportunities for legal work. So one of these projects took 267 00:14:51,480 --> 00:14:55,240 Speaker 3: KWM to Malta, which is a small island in the Mediterranean. 268 00:14:55,840 --> 00:14:58,360 Speaker 3: It's a European Union member country and it sort of 269 00:14:58,560 --> 00:15:00,960 Speaker 3: tried to leverage that to make its way in the world, 270 00:15:01,280 --> 00:15:05,120 Speaker 3: tried to attract a lot of foreign investments through becoming 271 00:15:05,120 --> 00:15:08,840 Speaker 3: a haven for offshore companies. Now rupidly had become a 272 00:15:08,840 --> 00:15:12,480 Speaker 3: non executive director of this state owned company called shang 273 00:15:12,560 --> 00:15:16,120 Speaker 3: Hi Electric Power in May twenty seventeen. It was a 274 00:15:16,120 --> 00:15:19,760 Speaker 3: longtime client of Kingwood Mallison's and his appointment came in 275 00:15:19,760 --> 00:15:22,160 Speaker 3: the same month that he was appointed as its global 276 00:15:22,240 --> 00:15:25,800 Speaker 3: chief operating Officer. So Shanghi Electric was involved in a 277 00:15:25,880 --> 00:15:29,240 Speaker 3: range of deals in Southern Europe, including buying a third 278 00:15:29,240 --> 00:15:32,320 Speaker 3: of Malta's state owned energy company and a Malta which 279 00:15:32,360 --> 00:15:35,200 Speaker 3: was in a heap of debt at this point, and 280 00:15:35,240 --> 00:15:37,320 Speaker 3: so in twenty sixteen, which is about a year before 281 00:15:37,400 --> 00:15:40,640 Speaker 3: Lee joins the board. Shanghai Electric brought the rights to 282 00:15:40,680 --> 00:15:43,760 Speaker 3: build this wind farm in Montenegro, which was done as 283 00:15:43,760 --> 00:15:46,520 Speaker 3: a partnership with an A Malta. The law firm was 284 00:15:46,560 --> 00:15:49,920 Speaker 3: responsible for completing due diligence on the project. But the 285 00:15:49,920 --> 00:15:52,160 Speaker 3: real problem with the deal was the price that Shanghai 286 00:15:52,240 --> 00:15:54,760 Speaker 3: Electric paid for the wind farm. It forked out more 287 00:15:54,800 --> 00:15:57,040 Speaker 3: than three times of value that the wind farm had 288 00:15:57,040 --> 00:16:01,280 Speaker 3: garnered just a couple of months previously. And Kingwood Mallinson's 289 00:16:01,360 --> 00:16:04,480 Speaker 3: was the law firm responsible for drafting the contracts which 290 00:16:04,640 --> 00:16:07,760 Speaker 3: enabled that deal to go through. And there's never any 291 00:16:07,760 --> 00:16:11,280 Speaker 3: explanation about why that markup is paid. So Rupert Lee 292 00:16:11,360 --> 00:16:13,520 Speaker 3: is not alleged to have broken any rules, ought to 293 00:16:13,520 --> 00:16:15,200 Speaker 3: have been aware that the propriety of the deal had 294 00:16:15,240 --> 00:16:18,160 Speaker 3: been caught into question. He only became a director after 295 00:16:18,200 --> 00:16:20,960 Speaker 3: the price markup was paid, and he told me he 296 00:16:20,960 --> 00:16:23,520 Speaker 3: was unaware that cato IM had even acted on the deal. 297 00:16:24,200 --> 00:16:28,920 Speaker 1: So max, are the investigations chiefly about that markup in price? 298 00:16:29,600 --> 00:16:32,600 Speaker 3: Yes, So there's three governments investigating the deal to try 299 00:16:32,640 --> 00:16:35,280 Speaker 3: and find out why the Montenegro and the Maltese and 300 00:16:35,320 --> 00:16:38,080 Speaker 3: the Spanish governments are all in on it, and Europoles 301 00:16:38,280 --> 00:16:41,520 Speaker 3: involved as well. The allegations are that the price was 302 00:16:41,560 --> 00:16:44,960 Speaker 3: inflated and some of the money eventually found its way 303 00:16:45,000 --> 00:16:49,040 Speaker 3: to offshore accounts held by senior Maltese politicians, and it 304 00:16:49,080 --> 00:16:52,960 Speaker 3: was also controversial because of the involvement of this Maltese 305 00:16:53,080 --> 00:16:58,080 Speaker 3: casino entrepreneur and property developer named Jorgen Fenick. Jorgen Fennick 306 00:16:58,440 --> 00:17:01,480 Speaker 3: has been accused of all austrating the car bombing murder 307 00:17:01,560 --> 00:17:04,880 Speaker 3: of an investigative journalist who was looking into the Missouri 308 00:17:04,920 --> 00:17:05,760 Speaker 3: wind farm deal. 309 00:17:06,160 --> 00:17:11,040 Speaker 2: Carojuana Galitzia was the country's best known investigative journalist. She 310 00:17:11,200 --> 00:17:14,480 Speaker 2: was killed on Monday in this car minutes after she 311 00:17:14,560 --> 00:17:16,200 Speaker 2: left her home in Malta. 312 00:17:16,040 --> 00:17:19,880 Speaker 3: And another equally suspected deal involving the same characters. 313 00:17:20,320 --> 00:17:23,919 Speaker 9: Galizia ran a popular blog in which she highlighted the 314 00:17:24,000 --> 00:17:28,480 Speaker 9: cases of suspected corruption in Malta. Once described as a 315 00:17:28,560 --> 00:17:32,880 Speaker 9: one woman WikiLeaks, she famously led the Panama Paper's investigation 316 00:17:33,080 --> 00:17:34,840 Speaker 9: into corruption in Malta. 317 00:17:35,119 --> 00:17:39,080 Speaker 3: And almost five million euros from the markup made its 318 00:17:39,080 --> 00:17:44,040 Speaker 3: way to companies controlled by Fenik, so Jorgan Fenik was 319 00:17:44,720 --> 00:17:48,040 Speaker 3: arrested on these charges related to the car bombing. In 320 00:17:48,119 --> 00:17:49,000 Speaker 3: late twenty nineteen. 321 00:17:49,280 --> 00:17:52,440 Speaker 4: Police have now arrested one of the country's most prominent 322 00:17:52,520 --> 00:17:54,560 Speaker 4: businessmen in connection to the case. 323 00:17:54,840 --> 00:17:58,760 Speaker 8: Organ Fenek, was detained by armed officers after his yachts 324 00:17:58,880 --> 00:18:02,160 Speaker 8: was intercepted. As Walter's handling of the case has drawn 325 00:18:02,240 --> 00:18:04,040 Speaker 8: international criticism. 326 00:18:03,880 --> 00:18:06,119 Speaker 3: He was released on bail in January this year and 327 00:18:06,160 --> 00:18:10,280 Speaker 3: there's still no trial dates. Kingwood Mausons isn't alleged to 328 00:18:10,320 --> 00:18:12,879 Speaker 3: have broken any rules or to have been aware of 329 00:18:12,920 --> 00:18:15,800 Speaker 3: the potential corruption, and a lot of it happens downstream 330 00:18:15,840 --> 00:18:18,360 Speaker 3: from its involvement, but I think it is something you'd 331 00:18:18,359 --> 00:18:21,600 Speaker 3: probably ask questions about you. Why are we writing in 332 00:18:21,640 --> 00:18:23,879 Speaker 3: this massive markup to this company no one's ever heard of? 333 00:18:24,320 --> 00:18:28,359 Speaker 3: But Kingwood Mallsons extends its relationship with Shanghai Electric and 334 00:18:28,560 --> 00:18:32,119 Speaker 3: the Montenegro Deal, continuing to act as its legal advisor, 335 00:18:32,200 --> 00:18:35,080 Speaker 3: and in twenty eighteen it secures the financing for the 336 00:18:35,119 --> 00:18:38,720 Speaker 3: project to enable it to actually be constructed and go ahead. 337 00:18:39,560 --> 00:18:43,359 Speaker 1: You also came across another example that exposed the different 338 00:18:43,400 --> 00:18:47,680 Speaker 1: approaches of the Australian and Chinese partnerships. How did a 339 00:18:47,800 --> 00:18:51,480 Speaker 1: KWM lawyer end up as a speaker at a contentious 340 00:18:51,560 --> 00:18:56,840 Speaker 1: legal conference in Saint Petersburg the year after Russia invaded Ukraine. 341 00:18:57,400 --> 00:19:02,280 Speaker 3: So the senior kater and partner Tian Wenjing, who also 342 00:19:02,359 --> 00:19:05,800 Speaker 3: worked on the Montenegro wind farm deal. In May twenty 343 00:19:05,840 --> 00:19:08,960 Speaker 3: twenty three, she turns up at this big Saint Petersburg 344 00:19:09,080 --> 00:19:12,960 Speaker 3: legal conference, which is organized by the Russian Ministry of Justice. 345 00:19:13,200 --> 00:19:15,960 Speaker 3: So this wasn't just your run of the mill legal conference. 346 00:19:16,040 --> 00:19:19,119 Speaker 3: There are a lot of boring panels about legal professional things, 347 00:19:19,160 --> 00:19:22,720 Speaker 3: but the sort of keynote speakers at this event were 348 00:19:22,760 --> 00:19:26,280 Speaker 3: the Russian Foreign Minister Sergey Lavrov and the Russian former 349 00:19:26,320 --> 00:19:30,280 Speaker 3: president dmitriy Medvedev. There were political panels, including one which 350 00:19:30,359 --> 00:19:34,760 Speaker 3: is called the Russophobia twenty first century Nazism. Most gollingly, 351 00:19:34,800 --> 00:19:37,560 Speaker 3: probably there was a panel which promoted the forced relocation 352 00:19:37,720 --> 00:19:40,439 Speaker 3: of Ukrainian orphans into Russia. This is the subject of 353 00:19:40,480 --> 00:19:44,720 Speaker 3: an international Criminal Court arrest warrant. That panel was headed 354 00:19:44,720 --> 00:19:48,800 Speaker 3: by two Russian cabinet ministers. Tian Wenjing she appeared on 355 00:19:48,840 --> 00:19:49,680 Speaker 3: two panels. 356 00:19:50,080 --> 00:19:54,560 Speaker 2: It is my honor to talk about Chinese approach from 357 00:19:54,600 --> 00:19:56,800 Speaker 2: a perspective of chalish. 358 00:19:56,480 --> 00:20:01,200 Speaker 3: Lawyer alongside representatives of these major Russian state owners enterprises. 359 00:20:02,440 --> 00:20:08,160 Speaker 6: I never could expect to witness such changes that were 360 00:20:09,440 --> 00:20:11,879 Speaker 6: observing currently. 361 00:20:11,400 --> 00:20:15,159 Speaker 3: One of which was the United Shipbuilding Corporation, whose representative 362 00:20:15,200 --> 00:20:16,399 Speaker 3: was actually leading the panel. 363 00:20:16,920 --> 00:20:20,600 Speaker 6: I'm very optimistic about the current situation Russia in now 364 00:20:22,080 --> 00:20:24,560 Speaker 6: is it undergoing the period of changes. 365 00:20:24,880 --> 00:20:27,360 Speaker 3: This is the company which builds the majority of Russia's 366 00:20:27,440 --> 00:20:32,280 Speaker 3: naval fleet and it's sanctioned by the Australian government. Spoke 367 00:20:32,280 --> 00:20:35,800 Speaker 3: about opportunities arising from other global law firms exits from 368 00:20:35,880 --> 00:20:39,560 Speaker 3: Russia and the growing market for Russian companies to arbitrate 369 00:20:39,640 --> 00:20:43,439 Speaker 3: disputes in Hong Kong and China. The program for one 370 00:20:43,480 --> 00:20:46,879 Speaker 3: of her panels referred to unfriendly countries such as Australia, 371 00:20:46,920 --> 00:20:50,600 Speaker 3: which were continuing to strengthen their sanctions policies against Russia 372 00:20:50,600 --> 00:20:54,320 Speaker 3: and Belarus. And a result of all the Western sanctions 373 00:20:54,320 --> 00:20:57,560 Speaker 3: on Russia, which has isolated from the global financial system 374 00:20:57,600 --> 00:20:59,639 Speaker 3: and then forced big Western companies to pull out of 375 00:20:59,680 --> 00:21:02,240 Speaker 3: the country. That's opened up a lot of opportunities for 376 00:21:02,359 --> 00:21:05,680 Speaker 3: Chinese companies, and it's natural that Chinese lawyers would follow 377 00:21:05,720 --> 00:21:09,000 Speaker 3: that business. It's quite a lucrative source of business. But 378 00:21:09,080 --> 00:21:11,960 Speaker 3: this kind of shows the intensions at the heart of 379 00:21:11,960 --> 00:21:15,840 Speaker 3: this Kingwood Malson's relationship. On its Australian website, the firm 380 00:21:15,920 --> 00:21:19,640 Speaker 3: is advising clients on how to comply with Western sanctions 381 00:21:19,640 --> 00:21:23,280 Speaker 3: on Russia, including on its energy sector. On its Chinese website, 382 00:21:23,480 --> 00:21:26,879 Speaker 3: Tian co author and article with this chief executive of 383 00:21:26,920 --> 00:21:30,280 Speaker 3: a Russian energy plant company on how to actually invest 384 00:21:30,320 --> 00:21:32,719 Speaker 3: in the Russian energy sector, and this guy has eventually 385 00:21:32,720 --> 00:21:34,280 Speaker 3: a couple of months later a sanctioned. 386 00:21:34,040 --> 00:21:36,040 Speaker 1: The very different approaches. 387 00:21:36,160 --> 00:21:38,680 Speaker 3: Yeah, kind of acting at cross purposes and pulling in 388 00:21:38,800 --> 00:21:39,840 Speaker 3: very different directions. 389 00:21:40,320 --> 00:21:45,400 Speaker 1: So then a final question Max, can KWM continue as 390 00:21:45,440 --> 00:21:49,399 Speaker 1: a Sino Australian firm or do these different approaches to 391 00:21:49,480 --> 00:21:52,800 Speaker 1: governance and risk management start to affect its brand and 392 00:21:52,840 --> 00:21:56,879 Speaker 1: reputation so much that it could force a rethink on 393 00:21:57,000 --> 00:21:57,520 Speaker 1: the merger. 394 00:21:58,080 --> 00:22:00,639 Speaker 3: So this whole merger was based on on a bit 395 00:22:00,640 --> 00:22:02,639 Speaker 3: of a punt, which is a rare thing for law firms, 396 00:22:02,680 --> 00:22:05,639 Speaker 3: that China's growth was going to continue as it was, 397 00:22:05,920 --> 00:22:09,160 Speaker 3: It's economy and politics was going to continue to liberalize, 398 00:22:09,240 --> 00:22:11,920 Speaker 3: but none of that came to pass. So the original 399 00:22:11,960 --> 00:22:14,760 Speaker 3: sort of thesis for the merger isn't there anymore. But 400 00:22:14,880 --> 00:22:17,240 Speaker 3: even if the Australian Partnership wanted to leave the firm, 401 00:22:17,240 --> 00:22:19,600 Speaker 3: there are a few things holding it back. So the 402 00:22:19,640 --> 00:22:22,800 Speaker 3: Hong Kong Partnership, which was the only actual combination between 403 00:22:22,800 --> 00:22:26,120 Speaker 3: Australian and Chinese lawyers, has become a really profitable part 404 00:22:26,119 --> 00:22:29,199 Speaker 3: of the firm. And probably the most inconvenient thing is 405 00:22:29,240 --> 00:22:32,640 Speaker 3: that there's a sort of penalty clause in the merger agreement. 406 00:22:33,119 --> 00:22:35,720 Speaker 3: So if the Australian Partnership were to pull out, then 407 00:22:35,720 --> 00:22:37,800 Speaker 3: it would have to give up the Hong Kong Partnership, 408 00:22:37,880 --> 00:22:40,560 Speaker 3: which is probably something it doesn't want to do. So 409 00:22:40,680 --> 00:22:42,600 Speaker 3: all of this, I think kind of shines a light 410 00:22:42,680 --> 00:22:46,240 Speaker 3: on law firm governance, which probably isn't the most exciting topic, 411 00:22:46,560 --> 00:22:48,840 Speaker 3: but when you consider it in light of what's happened 412 00:22:48,880 --> 00:22:51,280 Speaker 3: to the big accounting and consulting firms who have the 413 00:22:51,320 --> 00:22:54,760 Speaker 3: same private partnership structure, law firms have really got out 414 00:22:54,760 --> 00:22:59,280 Speaker 3: of this whole post PEC tax leaks upheaval unscathed. Kingod 415 00:22:59,280 --> 00:23:01,760 Speaker 3: Mallison's has no independent directors who might pull them up 416 00:23:01,800 --> 00:23:03,840 Speaker 3: and say, you know, hold on what deals were being 417 00:23:03,920 --> 00:23:07,840 Speaker 3: exposed to. Why is Rupert who's on our global board 418 00:23:08,320 --> 00:23:10,760 Speaker 3: borrowing eight million Hong Kong dollars from the firm, when's 419 00:23:10,760 --> 00:23:13,160 Speaker 3: he going to pay it back? And also they don't 420 00:23:13,160 --> 00:23:18,280 Speaker 3: publish accounts. There's no sort of transparency. Despite being a 421 00:23:18,320 --> 00:23:21,760 Speaker 3: global organization, as they say, having almost two hundred partners 422 00:23:21,800 --> 00:23:23,720 Speaker 3: in Australia, they'd be bringing in hundreds of millions of 423 00:23:23,760 --> 00:23:30,320 Speaker 3: dollars in revenue. But the end of the day, it's 424 00:23:30,400 --> 00:23:34,040 Speaker 3: kind of a branding issue, all right. They advertise themselves 425 00:23:34,080 --> 00:23:36,639 Speaker 3: as this single global law firm will connect you with Asia, 426 00:23:36,680 --> 00:23:39,240 Speaker 3: where the law firm for Asia for the Asian century. 427 00:23:39,840 --> 00:23:41,960 Speaker 3: But also we have no idea what's going on in 428 00:23:42,000 --> 00:23:45,879 Speaker 3: our Chinese partnership, and the firm can't even speak as 429 00:23:45,880 --> 00:23:48,480 Speaker 3: one entity. I mean, when the going is good, it's 430 00:23:48,600 --> 00:23:51,800 Speaker 3: Kingwood Mallisons, the global law firm. But when you start 431 00:23:51,840 --> 00:23:55,840 Speaker 3: to ask questions, it's where Kingwood Mallison's Australia, Kingwood Mallisons 432 00:23:55,880 --> 00:23:58,880 Speaker 3: Hong Kong and Kingwood Mallison's China. So I think that's 433 00:23:58,880 --> 00:23:59,919 Speaker 3: something that it has to deal with. 434 00:24:02,520 --> 00:24:22,719 Speaker 1: Thanks Max, Thanks Lissen, Thank you for listening to The finn. 435 00:24:22,880 --> 00:24:27,520 Speaker 1: I'm Lisa Murray with Financial Review reporter Maxim Shanahan joining 436 00:24:27,560 --> 00:24:31,040 Speaker 1: the podcast today. The Finn is produced by Alex Gau 437 00:24:31,240 --> 00:24:35,240 Speaker 1: with assistance from Mandy Coolan. Fiona Buffini is head of 438 00:24:35,280 --> 00:24:39,679 Speaker 1: Premium Content. Our theme is by Alex Goo. If you 439 00:24:39,840 --> 00:24:42,119 Speaker 1: like the show and want to hear more, follow us 440 00:24:42,160 --> 00:24:45,960 Speaker 1: wherever you get your podcasts, and consider rating and reviewing 441 00:24:46,080 --> 00:24:49,320 Speaker 1: us as it helps others find us. 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