Case Studies

  • Case Study: A new form of energy network ownership - TransÉnergie (a subsidiary of Hydro-Quebec) entered the Australian energy market some years ago, with an innovative model to deal with transmission constraints. The regulatory framework did not contemplate the model, under which the network owner/operator earned revenue by bidding capacity into the market rather than receiving regulated returns.
  • Case Study: ACCC civil proceedings against Swift Networks - We acted in ACCC civil proceedings commenced against a listed Australian technology infrastructure services provider Swift Networks Limited alleging cartel conduct between Swift Networks and global IT services company DXC in the supply of technology services to Rio Tinto and Fortescue.
  • Case Study: ACCC clearance for Dye and Durham $A2.5 billion takeover of ASX-listed Link Administration Group Limited - We acted to secure ACCC informal clearance for Dye & Durham of its A$2.5 billion proposed takeover of ASX listed Link Administration Group Limited, which owned a 42.7% stake in PEXA Limited. PEXA principally operates an Electronic Lodgement Network (ELN) product, PEXA Exchange which enables users to complete property lodgements and settlements electronically through a digital process known as e-conveyancing.
  • Case Study: Acquisition to acquire Slack Technologies - In 2021, global software giant Salesforce proposed to acquire Slack Technologies, an enterprise collaboration platform, for $27.7billion.
  • Case Study: Automotive Class Action - Our automotive client faced multiple class actions and associated enforcement proceedings by the ACCC arising from admissions made in the United States about the presence of technology in its vehicles which enabled them to meet emissions limits, but which operated differently when on the road.
  • Case Study: Completing a Privacy Impact Assessment for the Department of Health - At the time that My Aged Care was being rolled out we undertook a Privacy Impact Assessment of the Aged Care Gateway project. We advised the Health Department on the interaction of Commonwealth, State and Territory public sector privacy and health privacy regimes, including the exchange of treatment information between Commonwealth, State and private medical practitioners and hospitals.
  • Case Study: Comprehensive Legal Support for the myGov Digital Experience Platform Procurement - Services Australia - Services Australia sought to undertake a two-stage procurement process to acquire software capabilities crucial for the implementation of the Core Customer Experience Capabilities within the myGov Digital Experience Platform, which will replace the existing platform.
  • Case Study: Connecting the Southern Downs Renewable Energy Zone to the National Electricity Market - We advised CEFC on its $160 million financing commitment to Powerlink, which will be used to support the Southern Downs Renewable Energy Zone (REZ). Our work extended to advising on upsizing transmission and grid infrastructure required to connect the MacIntyre Wind Farm and the 103MW Karara Wind Farm in Queensland to the NEM.
  • Case Study: Cross River Rail - Cross River Rail is $5B major infrastructure project delivering a 10.2 kilometre rail line through inner city Brisbane including 5.9 kilometres of twin tunnels under the Brisbane River and CBD.
  • Case Study: Cyber Incident Response: Legal, Forensic, and Workplace Solutions for an Emergency Services Client - An emergency services client suffered a cyber incident that threatened the removal of potential confidential information and personal information from the organisation.
  • Case Study: Cyber-attack against transport provider - An Australian transport provider created online contact forms so customers could submit requests to its various customer service teams. These contact forms collected a range of data, including Personally Identifiable Information and Financial Information. The information entered into these contact forms was being exposed to other website users under certain circumstances.
  • Case Study: Defending Apple in Epic Games Litigation: Shaping Market Power and Digital Economy Law - We are defending Apple in the Epic Games litigation in which Epic allege that Apple's conduct as regards its App Store business model amounts to a misuse of market power and anticompetitive conduct. We are also defending Apple in the associated class action proceedings commenced on behalf of developers and consumers seeking compensation for alleged overpayments arising from alleged inflated commission rates and purchase prices for paid apps or in-app digital content.
  • Case Study: Department of Agriculture's ICT Strategic Sourcing Program - We are the legal adviser on the Department of Agriculture, Fisheries and Forestry's ICT Strategic Sourcing Program. The Program spans multiple procurement processes which are being undertaken in a phased approach over a two-year period. The Program focusses on strengthening and modernising the Department's digital and ICT capabilities, and aligning disparate delivery models and duplicated commercial arrangements for the delivery of core ICT services.
  • Case Study: Enhancing National Security through Advanced ICT Procurement - We have been advising the Department of Home Affairs on the 'Future Compute Program', which involves the delivery of critical systems that are vital to the Department's core business and Australia's national security. Our advice has focussed on the procurement of mainframe and midrange enterprise computing and storage services essential for various mission-critical functions such as intelligence analysis, risk profiling, passenger processing, cargo management, and border security. The procurements aim to replace an existing contract worth A$924.2 million.
  • Case Study: Kawasaki Heavy Industries: the development of Australia’s first hydrogen energy supply chain (HESC) pilot project - The HESC pilot project involved the formation and operation of joint venture arrangements with six consortium members in Japan and Australia.
  • Case Study: Legal Support Driving Innovation in Westpac's Technology Contracts - Our have continued to act for the Technology Digital Legal Team of Westpac Banking Corporation on a range of significant matters. Our engagement has spanned multiple strategic IT contracts, technology transformations for bank-essential infrastructure and procurements to streamline back-office operations. Our role on these transactions is typically extensive. We provide end-to-end support, directly working with Westpac's Group Technology Sourcing commercial team, conducting legal negotiations and assisting Westpac with its internal approval processes.
  • Case Study: Modernising the Australian Electoral Commissions ICT systems - We are currently acting as legal adviser on the AEC's Election System Modernisation program. This is a 'once-in-a-generation' overhaul of the AEC's core information and communication technology systems to increase the performance of Australia's electoral system and reduce cyber security and integrity risks. The Project represents a major shift in the AEC's approach as it develops a citizen-centric, agile technology platform.
  • Case Study: Navigating Australian Competition Concerns in Nuance's Acquisition by Microsoft - We acted for transcription software company Nuance on the Australian competition aspects of its US$19.7 billion sale to Microsoft Corporation. The ACCC commenced a public review on 12 August 2021 and did not oppose the transaction on 7 October 2021. The transaction was also subject to review by the DOJ in the US, the CMA in the UK, and the European Commission, among other authorities. Our team coordinated closely with Nuance's counsel teams globally.
  • Case Study: Navigating Privacy during Transition: Comprehensive PIAs for the National Disability Insurance Agency - We prepared a series of PIAs for the Agency in relation to different stages of its transition from a legacy CRM case management system to a fully cloud-based operating system.
  • Case Study: NPP Australia - NPP Australia Limited (NPPA), a joint venture public company mutually owned by the Reserve Bank of Australia and 12 authorised deposit taking institutions (ADIs), sought advice in relation to is Australian registered trade mark, "PAY ID", for electronic payment services.
  • Case Study: NSW Department of Customer Service - In 2020, the NSW Department of Customer Service tendered to law firms to re-invent a legacy contractual framework called Procure IT, a mandated suite of contracts that has been used for NSW Government ICT procurement for the last 17 years. The Department sought a procurement system to alleviate pain points for buyers, suppliers and procurement service providers and was aligned with emerging technologies and the growing technology sector.
  • Case Study: NSW Government ICT Contract Transformation: Driving Strategic Procurement and Infrastructure Innovation - We are currently advising the NSW Government on its State ICT Contract Rewrite (MICTA/ICTA), which is the most significant strategic IT procurement initiative in NSW Government procurement in the last 18 years. This new contract suite has become the mandatory framework for high-value, high-risk ICT procurement. As of 2024, we are providing ongoing advice based on this mandatory contract suite, which all lawyers and firms in NSW representing NSW Government agencies in such procurements must use.
  • Case Study: Premises with solar generation facilities - A major commercial premises with an embedded network had capacity to install a significant number of rooftop solar arrays and export the power they generated back into the grid. However, the volume of exported power became so significant that the regulated caps for exports without authorisation as a generator were close to being exceeded.
  • Case Study: Reserve Bank of Australia - The Reserve Bank is Australia's central bank and is the regulator of payment systems in Australia. It needs legal advice on payment system regulation and the exercise of its statutory powers as the regulator of payment systems, including in relation to the making and variation of legally binding standards.
  • Case Study: Stanwell Southern Renewables Zone & Central Renewables Zone Battery Projects - Stanwell Corporation wanted to procure two 150MW / 300MWh battery energy storage system (BESS) projects, delivered under a traditional EPC contract.
  • Case Study: The Security of Critical Infrastructure Act's impact on a global mining services company - A global mining services company supplying resources to the energy sector needed to address the impact of the Security of Critical Infrastructure Act 2018 (Cth) (SOCI) in its procurement contracts.
  • Case Study: Toyota Motor Corporation Australia - Toyota is faced with a myriad of privacy issues as it sells to consumers, offers finance, and also has a significant franchise network.
  • Case Study: Woolworths - Woolworths sought to acquire 27% of the issued share capital of world-class data science and advanced analytics business, The Quantium Group Holdings Pty Ltd for A$223 million, to bring Woolworths' total investment in the company up to 75%. This transaction would mark the single largest investment in data analytics by an Australian retailer, involved significant commercial complexity, and required legal advisers who could bring a holistic, sensitive perspective to the intricate issues inherent in the deal.
  • Case Study: Construction Company - We assisted a large construction company with a claim for bullying and harassment. The applicant had accused the organisation and their supervisor of bullying and taking adverse action against them for refusing to allow them to undertake sensitive client work during their commute and lodged both a general protections claim in the Fair Work Commission and a complaint with the Safety Regulator.

Get in touch

Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.