• We act for both vendors and purchasers of IT and telecommunications equipment, software and services - be it a turnkey network supply agreement, a capacity upgrade contract for an existing network, or the introduction of new technology.

• We have significant experience in Requests for Tender for the sale or purchase of equipment, software and services, collaborating with large multi-disciplinary teams (including finance, sales, product, and operations divisions) and navigating complex organisational governance and approval processes.

• We help establish distribution and reseller arrangements, channel partner programs, and sales agency arrangements as well as contracts for professional services including network design, installation and commissioning, maintenance and support (covering matters such as KPIs, LDs, and Service Credits).

• We possess expertise in the global subsea telecommunications cable sector, tendering to and negotiating with global consortia of leading carriers and single-owner cable operators.

• We provide advice to licensed telecommunications carriers in Australia about their obligations under the Telecommunications Act 1997 and the associated regulatory regime, and assistance to local and foreign companies entering the market.

• We advise on cybersecurity matters, including matters regulated by the Privacy Act, Security of Critical Infrastructure Act, Telecommunications Act / TSSR, and Crimes Act.

• We advise on privacy and data protection, including matters under the Privacy Act and GDPR.

• We are experienced in advertising matters, including comparative advertising and issues of misleading and deceptive conduct.

• We are experienced in issues of infringement of copyright, trademarks and issues of passing off.

• We undertake due diligence and prepare and negotiate documentation for the sale or purchase of business via asset sale agreement or share sale agreement, and associated issues and documents such as financial assistance, services agreements, loan agreements, and executive and staff contracts.

• We advise in relation to the establishment of joint ventures (incorporated or unincorporated), including the preparation of shareholders agreements, constitutions for joint venture companies, exit strategies and mechanisms.

• We advise on shareholders’ rights, directors’ duties, and conflicts of interest.

• We represent companies in their dealings with the Australian Securities and Investments Commission (ASIC) across a variety of regulatory and transactional matters.

• We advise foreign companies about the implications of the Foreign Acquisitions and Takeovers Act for their acquisitions or establishment of operations in Australia.

We bring together extensive experience across a range of commercial and IP matters, including:

• Franchising: including the preparation of Franchise Agreements for franchisors and franchisees as well as providing advice on the Franchising Code of Conduct;

• Supply Agreements for the sale and purchase of goods and services;

• Manufacturing Agreements;

• Sponsorship Agreements: acting for sponsors, event organisers, teams or individuals;

• Consumer protection matters under the Australian Consumer Law;

• Unfair contract issues, whether they occur in the consumer or business-to-business context;

• Misleading and deceptive conduct;

• Protection of intellectual property, including copyright, trademarks, and design; and

• Dealing with infringement issues including passing off.

We provide advice in relation to a broad range of regulatory matters, including:

• Applications, filings and compliance activities with the Australian Securities and Investments Commission (ASIC);

• Issues for inbound investment and acquisitions under the Foreign Acquisitions and Takeovers Act, and liaising with the Foreign Investment Review Board;

• Carrier and Carriage Service Provider licensing requirements under the Telecommunications Act, as administered by the Australia Communications and Media Authority (ACMA);

• Facilities Access Regimes;

• Security of critical infrastructure;

• Telecommunication Sector Security Reforms (TSSR);

• Privacy and Data Protection;

• Anti-Bribery Risk Management and Training;

• Australian Consumer Law, Misleading and Deceptive Conduct and Unfair Contracts;

• Workplace Surveillance and CCTV, Listening Devices and phone call recording;

• Whistleblowing and Integrity.

Our Executive Counsel, Deborah Ziegler, is a nationally accredited mediator as well as a Senior Member and Appeals Panel member of the NSW Civil and Administrative Tribunal.

Deborah brings extensive experience in a range of mediation and dispute resolution contexts, including:

• working on a retainer with an ASX-listed corporation to assess and resolve disputes with suppliers and;

• acting as a Forum Facilitator in the Crime Prevention Division of the NSW Department of Justice.

Deborah brings an intimate understanding of and experience in both traditional and alternative dispute resolution and is well placed to mediate a wide variety of commercial and civil matters.