Brian O'Callaghan is recognised by peers and highly valued by clients for his unique skillset and perspective. Before joining Clayton Utz, Brian was an adviser with the Attorney-General's Department and legal counsellor at the Australian Embassy in Washington DC.

Through his direct high-level governmental experience, Brian understands the legal issues faced by government agencies, and the challenges in implementing policy objectives. He provides government clients with strategic, solutions-based advice across a wide range of issues.

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Expertise

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Corporate / M&A

Health, AFMA, Tourism Australia, DHS, Education/Employment: In accordance with Uhrig Review requirements, Brian advised on the establishment of a number of programs such as:

  • National Health Call Centre Network Ltd
  • General Practitioner Education and Training Limited
  • National Institute of Clinical Studies 
  • Alcohol Education and Rehabilitation Foundation
  • National E-Health Transition Authority Ltd
  • Carrick Institute for Learning and Teaching in Higher Education Ltd (now the Australian Learning and Teaching Council)
  • NIQTSL Ltd
  • ITSE Ltd
  • ICT Skills Exchange
  • Grattan Institute

This involved advising on corporate structure options, rules for internal governance, company constitutions, founder's agreements and corporate security documentation to protect the Commonwealth's interests.

See Corporate / M&A

Government Services

Department of Finance: Brian advised on strategic and detailed legal issues involved in the Working on the Whole of Government Travel Services Procurement. He advised on the aspects of travel services procurement, travel services from domestic and international airlines, travel management services providers, accommodation providers, credit card issuers and car hire.

After drafting the tender documentation and contracts, Brian and his team assisted in development of strategic planning and issues documents, tender evaluation, negotiated contracts and advised on the transition and implementation phases.

Department of Education/Employment (formerly DEEWR):
 For many years Brian was the strategic process and probity adviser for the largest and most high profile procurement process ever undertaken by the department. He was the legal adviser for the Trade Training in Schools Program, which provided $2.5 billion over 10 years to secondary schools across Australia for construction of trade training facilities.

Brian has provided extensive advice on funding arrangements structure, funding agreements for government schools, independent schools and higher education institutions. He has also drafted a suite of complex capital works and equipment funding agreements.

See Government Services

Construction and Major Projects

Defence Materiel Organisation – SEA1000 Future Submarines: Brian is currently providing legal advice to DMO on its SEA 1000 Future Submarine Program. This is one of the largest maritime acquisitions programs ever undertaken in Australia, replacing the Royal Australian Navy's six Collins-class boats with new submarines with greater range, longer patrol endurance and increased capability.

Defence Materiel Organisation – Collins Class Submarine Program:
 Brian advised on all aspects of Defence's negotiations with ASC and Kockums, and drafted relevant agreements in the successful resolution of the terms of a new intellectual property licence and the settlement of all outstanding issues. This provided Defence with the capability to develop and further enhance the capability of the Collins Class Submarine fleet.

The project required extensive Ministerial review and involvement from Defence and Finance, as well as Cabinet submissions and briefings in which Brian was closely involved. Brian also later conducted an Audit of ASC IP to enable the Commonwealth to ascertain the scope of its rights and the data needed for the long term support and further development of the Collins Class Submarine. Brian also advised on and assisted in the drafting of the first Strategic Through Life Support Agreement with ASC for the long-term support of the Collins Class Submarine.

Defence Materiel Organisation – AIR 9000 Phases 2, 4 and 6:
 Brian advised on all aspects of this major project for the acquisition and sustainment of 46 Multi-Role Helicopters. This included evaluation of tenders and bids during RFP and subsequent offer development and refinement process, the preparation of contract documentation, and the construction of facilities for the training systems. 

Brian also assisted in Defence executive and Ministerial and Cabinet briefings. This included a comprehensive integrated testing and acceptance procedures under which the prime contractor took full design and build responsibility for the integration of the system and facilities to deliver a "turnkey" solution.

See Construction and Major Projects

Corporate Governance

Health, AFMA, Tourism Australia, DHS, Education/Employment: In accordance with Uhrig Review requirements, Brian advised on the establishment of a number of programs such as:

  • National Health Call Centre Network Ltd
  • General Practitioner Education and Training Limited
  • National Institute of Clinical Studies
  • Alcohol Education and Rehabilitation Foundation
  • National E-Health Transition Authority Ltd
  • Carrick Institute for Learning and Teaching in Higher Education Ltd (now the Australian Learning and Teaching Council)
  • NIQTSL Ltd
  • ITSE Ltd
  • ICT Skills Exchange
  • Grattan Institute

    This involved advising on corporate structure options, rules for internal governance, company constitutions, founder's agreements and corporate security documentation to protect the Commonwealth's interests.

See Corporate Governance

Corporatisation and Privatisation

Health, AFMA, Tourism Australia, DHS, Education/Employment: In accordance with Uhrig Review requirements, Brian advised on the establishment of a number of programs such as:

  • National Health Call Centre Network Ltd
  • General Practitioner Education and Training Limited
  • National Institute of Clinical Studies
  • Alcohol Education and Rehabilitation Foundation
  • National E-Health Transition Authority Ltd
  • Carrick Institute for Learning and Teaching in Higher Education Ltd (now the Australian Learning and Teaching Council)
  • NIQTSL Ltd
  • ITSE Ltd
  • ICT Skills Exchange
  • Grattan Institute

This involved advising on corporate structure options, rules for internal governance, company constitutions, founder's agreements and corporate security documentation to protect the Commonwealth's interests.

Brian has also advised on numerous high-level and strategic issues, including working with Finance on governance policy, ownership structures, corporate governance, funding and drafting and negotiating various funding agreements.

See Corporatisation and Privatisation

Intellectual Property

Department of Defence – Kockums Submarine Technology: Brian acted on all aspects of Defence's negotiations with ASC and Kockums, and drafted relevant agreements in the successful resolution of the terms of a new intellectual property licence and the settlement of all outstanding issues to provide Defence with the capability to develop and further enhance the capability of the Collins Class submarine fleet. 

This involved a complex and multifaceted negotiation strategy, involving Ministers and the Government, the international corporate parent of Kockums and foreign governments. Work also included resolving the potentially different interests of the Commonwealth on one hand and ASC on the other, and linking the commercial and intergovernmental negotiation strategy to a litigation/formal dispute resolution strategy (carrot and stick), to conclude a final settlement agreement of all claims and issues.

See Intellectual Property

Knowledge

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