Technology, Media, Telecoms (TMT)

What the team is known for

Outstanding practitioners in the IT and telecommunications spheres, with a wealth of transactional and regulatory experience on market-leading deals for key domestic and multinational industry clients across multiple industries in the public and private sectors. Notably active in the procurement of global IT solutions and SaaS outsourcing mandates and prominent in the emerging technologies market, particularly in the areas of cybersecurity and data protection. Additionally experienced in media regulation and content ownership, licensing and media buying work, including rights deals and commercial initiatives, and adept at assisting with privacy, digital piracy and simulcasting issues impacting on the provision of online media content. Further noted for corporate advisory and joint venture work for online, broadcast and print media companies and their owners.

Strengths

A technology sector client reports that "Gilbert + Tobin has real strength in this space and a clear and current understanding of the market and of what outcomes are achievable." Another particularly emphasises "a willingness to provide guidance and options to our board and senior management for them to make an informed decision upon, where others might only provide dry legal advice that the board was left to interpret for itself."

A client speaking of the firm's handling of ICT issues says that the team "always seems personally interested in and committed to a project rather than just performing a task" while remaining "focused on sensible commercial outcomes."

Work highlights

Advised Telstra on the AUD500 million renewal of its telecommunications and network services arrangement with Services Australia, the Commonwealth body responsible for administering such systems as Centrelink social security payments and the Medicare health insurance scheme. The mandate incorporates plans for a comprehensive modernisation of the existing network.

Represented Nine Entertainment with respect to an ACMA investigation into the airing of gambling advertisements in pre-game programming during online streaming of the 2019 National Rugby League State of Origin series. The issue was resolved without the imposition of a pecuniary penalty.

Notable practitioners

Lesley Sutton is "well known" by market sources as a "very competent practitioner" in the IT space with extensive experience in the management of large-scale technology procurement projects, where she has often acted for both suppliers and customers in arrangements involving New South Wales or Commonwealth government bodies. Clients value her for the hands-on approach she applies to her mandates.

Michael Caplan focuses closely on complex procurement and other contractual arrangements in the IT space and also advises extensively on transactional and data protection issues. His expertise is notable for covering both Australia and South-East Asia.

Consultant Peter Waters retains his reputation as one of the leading experts across the full range of telecommunications issues, not only in Australia but also internationally. He continues to contribute the insights acquired in his many years' experience in the area to key practice mandates.

Sheila McGregor offers exceptional experience in the handling of IT procurement mandates, particularly where state and Commonwealth government departments and agencies are concerned, and continues to advise on key mandates in this sphere. A client cites her for strength in the areas of "commerciality, technical knowledge, problem-solving and negotiation."

IT specialist Simon Burns stands out for his mastery of transactions conducted within the complex and still evolving regulatory environment of the digital and emerging technology space, being particularly familiar with the issues surrounding blockchain and emerging technology. A client identifies him as a partner who adds value to any mandate and "a clear thinker who understands the material issues which require a client's attention."

Practice head Tim Gole offers extensive experience in the representation of high-profile clients, including major public sector bodies and leading financial services providers, on strategic IT outsourcing mandates. He also advises across a range of other key commercial arrangements and on their associated regulatory and privacy aspects.