OUR PEOPLE

​Peter G. Fanning

Foreign Legal Consultant

1997-Present

Peter is an Australian barrister and solicitor (with an unrestricted practising certificate), who transferred from Australia's Clayton Utz to the Indonesian law firm of HHR Lawyers in 1997, and has worked since then with the approval of the Indonesian Ministry of Law and Human Rights. He especially provides a line of communication for foreign clients from any country into the Indonesian legal system, building on a background in construction and industrial relations law, and facilitates advice and assistance. He also advises Indonesian clients.


Peter practices in the commercial and corporate areas, especially in matters involving foreign investment. He also advises in such diverse areas as mining, water resources, oil and gas, construction, insurance, air and sea transport, industrial relations and dispute resolution.


He regularly lectures at University level and within the Ministry of Law and Human Rights as required, and writes on legal topics of interest to investors.


As a Board Member of the Indonesia Australia Business Council, Chairman of the International Business Chamber, and a Founding Director of the Australian-ASEAN Chamber of Commerce, Peter has been active in assisting the Indonesian government in policy formation and reform, especially in areas of legal reform.


(2001-2005 Part-time lecturer in Business Law – Universitas Indonusa Esa Unggul/ University of Wales; 2006 - 2011 Part-time lecturer in Business Law - UniSadhuGuna International College)


1995-1996

Barrister and Solicitor, Clayton Utz, Australia, and consultant to the Territory Construction Association (Northern Territory, Australia)


Appointments held:
Director and Secretary, NT Construction Group Pty Ltd (1992 to 1996)
Director and Secretary, TCA Building Certifiers Pty Ltd (1994 to 1996)
Director and Secretary, Contractor Accreditation Ltd (1995 to 1996)


Qualifications

  • University of Queensland/Charles Darwin University, NT, Australia (Bachelor of Laws – including Mining and International Law)
  • Australian School of Pacific Administration, Sydney (Certificate in Education) and NSW Department of Education (Teacher's Certificate)
  • University of PNG (BA – Politics and Economics, including a language segment at Nusa Cendana University, Kupang, Indonesia)
  • Universitas Pelita Harapan Graduate School, Jakarta (continuing study in trade and investment)
  • Certificate in Indonesian Business, Culture & Language
  • Admission Course, Chartered Institute of Arbitrators


Experience

Peter has provided and continues to provide legal services in the following contexts :

  • corporate structuring and restructuring involving direct capital investment (foreign and domestic) in areas including property development, water management, mining, air transportation, through onshore and offshore investment vehicles;
  • development and administration of contracts for share transactions, securing loans and to undertake direct activity such as construction, resource development (coal, oil and gas, minerals), water management, aircraft leasing;
  • advising on manpower policy and implementation and developing appropriate employment agreements and termination agreements, and corporate policy rules, and assisting in dispute settlement;
  • interpreting the implications of insurance and reinsurance contracts variously from the point of view of insured, insurer and reinsurer to support dispute resolution and settlement negotiation;
  • dispute resolution through direct participation in arbitration and supporting litigation;
  • advising private parties (separately or through business organisations) and government agencies on policies and procedures as they affect investment generally and the use of investment vehicles.

1. Business Advocacy

In his roles of Chairman of the International Business Chamber, and Board Member of the Indonesia Australia Business Council, he has worked closely with all major foreign chambers of commerce in Indonesia and with KADIN (particularly its Committee for National Economic Recovery) and APINDO. This has involved meetings with and presentations to representatives of Indonesian executive government and parliament, donor countries, and leading aid agencies (World Bank, ADB etc.


2. Project Structuring

In Australia, member of joint government/private sector working party to develop the NT Government procurement policy (1986 to 1995).


Member of joint government/private sector working party to introduce private certification of construction through the NT Building Act 1993.


Chairman of working party to develop a system of accreditation of contractors (including sub-contractors and tradespersons) to undertake NT Government infrastructure contracts (resulting in the formation of Contractor Accreditation Limited, of which he became director and secretary).


3. Advice During Project Implementation

During his 10 years with the Master Builders Association in Darwin, Australia he liaised extensively between clients and tenderers and subsequently clients and contractors. The major clients involved were the Commonwealth of Australia, the Australian Department of Defence, the NT Government and the NT University.


Examples of major construction projects:

  • The development of the RAAF Base Tindal in the NT from its commencement in 1985.
  • The development of Robertson Barracks in the NT for the First Brigade Australian Army from its commencement in 1992.
  • The NT Supreme Court and Parliament House.
  • The further development of the (then) NT University.


Publications

He contributed monthly articles on construction and industrial relations issues over many years to the Master Builders Association Journal, and currently writes articles on legal and business matters for the Newsletter of the Indonesian Australia Business Council (of which he is the editor).


Conferences

Peter regularly addresses conferences and workshops on matters relating to investment law, mining and industrial relations.


While in Australia, as a Vice President of the Industrial Relations Society of Australia, he organized several regional and a national convention.


Since 2001 he has organized biennial business conferences in Indonesia for the Indonesia Australia Business Council.


Conferences and workshops addressed have been held in Indonesia, Australia, Singapore and Malaysia.


Professional Membership

  • Chairman, International Business Chamber, Indonesia (from 2002)
  • Board Member, Indonesia Australia Business Council (from 2000)
  • Law Society of the NT and Law Council of Australia
  • The Law Association for Asia and the Pacific (LawAsia)
  • Associate Member, the Institute of Arbitrators and Mediators Australia
  • Member, Australian Institute of Company Directors
  • Member, International Bar Association
  • Founding Director (2017), Australia-ASEAN Chamber of Commerce


Accolades

Recognized by Legal 500 Asia Pacific as Indonesia's Leading Individual for Corporate and M&A Practice