We assist private and public sector organisations with procurement of complex information technology and communications products and services. We understand that having the right systems and suppliers in place can bring increased productivity and a competitive advantage to commercial organisations and greatly improve the provision of services by public sector agencies.
Our experts also advise suppliers of products and services in the IT, telecommunications and media sectors, through negotiating contracts, setting up new ventures, advising on new product development or dealing with disputes when they arise.
Clients recognise that our sophisticated understanding of their industries, thorough knowledge of the complex regulation which applies to telecommunications and media along with our commercial approach to negotiating complex contractual arrangements, supports their business objectives.
We have a strong industry presence and are actively involved in organisations such as the Australian Information Industry Association, the Internet Industry Association, Communications Alliance and the Communications and Media Law Association.
Technology
Technology contracting is about good processes and balancing contractual certainty with flexibility. We recognise that no two projects are the same and therefore tailor our specific skills to help clients to achieve their commercial goals and to manage the risks particular to each project.
Our team has a deep understanding of complex IT projects and experience in working with both suppliers and users of technology, particularly in the financial services and government sectors. Clients also appreciate our understanding of the technology and the value we provide in being up to date with new supply models (such as cloud computing) and delivery platforms.
Procurement and outsourcing
We help clients with complex IT projects and procurement of IT services, including outsourcing and managed services arrangements for the complete life-cycle of a project from advising on the procurement strategy, settling tender documents, tender evaluation, negotiating the contractual arrangements and providing contract management tools.
Public sector
Public sector agencies are subject to specific requirements for the procurement process. We have a detailed understanding of the requirements at a State and Federal level and help public sector agencies to meet those requirements, including in relation to probity. We also advise suppliers to government in preparing tender responses and negotiations based on standard form government contracts.
Product development and commercialisation
We help technology companies and other entities in the development and commercialisation of new technology. We understand the importance of strategic legal engagement in the early stages of the product development lifecycle and the need to utilise a range of protections to protect and exploit new technologies, from patents through to complex contractual arrangements.
Alliances and partnerships
Our extensive expertise involves helping clients structure effective strategic alliances, research and development partnerships and other corporate arrangements, including joint ownership and cross-licensing. We also help IT firms define important business relationships such as distribution rights, value-added reseller arrangements, agency and teaming arrangements and cross-border arrangements (including tax implications).
IT dispute resolution
Contractual disputes and other disagreements can be especially complex in the context of an IT transaction. Litigation is a key strength of the firm. We assist clients to dispose of defensive matters cost-effectively and without damage to their brand and successfully prosecute claims which clients choose to initiate.
Telecommunications and media
Increasingly, the telecommunications, media and on-line sectors have converged around internet-based networks capable of carrying digital voice, data, film, music and other content. Regulations remain complex and the sector is characterised by rapid changes in technology and business models. We bring to this area a thorough understanding of consumer, competition, telecoms infrastructure, broadcasting and on-line content issues.
Access and interconnection
We assist clients with negotiating and enforcing agreements for competitive access to declared services, such as Unconditioned Local Loop and Line Sharing services and access to physical infrastructure.
Networks and facilities
We negotiate commercial access to fibre networks and facilities, including indefeasible rights of use (IRUs) and similar arrangements.
Regulatory
We have considerable experience dealing with regulators in relation to consumer, competition, telecommunications and broadcasting issues and have an in-depth knowledge of, and ability to navigate through, the complex regulatory environment in which telecommunications and media companies operate.
Wholesale
We have considerable experience in negotiating on-line and mobile content arrangements, and in packaging service offerings in a way which is legally compliant while being attractive to potential customers.
Retail
From our industry experience we are mindful that the customer experience must be paramount when preparing services agreements with third party content or service providers, and when structuring and negotiating customer agreements.
What the market says
"Their extensive industry knowledge and understanding of our business positions them as a key adviser on some of our most sensitive ICT projects."
Kevin McCafferty, General Manager
Strategic Procurement, NSW Rail Corporation