Ken is a partner in Clayton Utz’s Intellectual Property and Technology group with a formidable reputation for the design and structuring of some of Australia’s and the Asia Pacific region’s most difficult and unorthodox telecommunications, media and technology transactions.

Ken and his team specialise in strategic, front-end information technology contracting. Ken is renowned for his work on large scale, complex IT procurements, outsourcing and transformation projects, software licensing, electronic payment systems and telecommunications. His practice is characterised by creative and innovative contracting styles and the successful execution of high-stakes, landmark projects, often for which little-to-no prior precedent exists.

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Expertise

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Telecommunications, Media and Technology

Banking and financial services

Confidential client: Ken advised a "big four" Australian bank on a range of business-critical IT projects, including in relation to trading platforms, the outsourcing of card services and the transformation of existing business processes.


Confidential client: Ken advised a leading Australian investment bank on multiple IT outsourcing projects over a number of years, including a major core banking platform procurement from an international vendor, an associated systems integration services procurement from a global technology company and the acquisition of an enterprise-wide cloud services solution from a US-based software vendor.


EFTPOS Payments Australia: Ken acted for EFTPOS in relation to the acquisition and implementation of new payments card-chip technologies in Australia from international digital security company, Gemalto.


Leading Australian investment bank: Ken advised a leading Australian investment banking group on both its acquisition and later sale of one of Australia's largest independent ATM fleet operators and associated technology transition.


Telecommunications

Ken acted as seconded corporate counsel to Australia’s leading internet portal ninemsn and to telecommunications carrier SingTel Optus. At SingTel Optus Ken negotiated key dealership arrangements and a number of significant technology contracts with banks, SingTel Optus’ technology partners, large corporate customers and other entities.


Elders Telecommunications: Ken acted for Elders in its former joint venture with SingTel Optus (OPEL) concerning the previous Federal Government’s national broadband wireless access project.

Maxis Group (Malaysia): Ken acted for Maxis in relation to the structuring and negotiation of network sharing arrangements with U-Mobile, being Malaysia’s first-ever active radio access network spectrum sharing arrangement.

Axiata Group: Ken advised Axiata, a major South-East Asian telecommunications operator, on cross-border payment scheme arrangements, enabling international airtime top-ups between under-banked subscribers in different countries.


IT, software and media projects


Nine Entertainment
: Ken advised Nine on its acquisition of Microsoft Corporation’s remaining 50% stake in long standing joint venture Mi9 and associated technology transition, historic in Australian internet industry circles.


NSW Police
: Ken acted for NSW Police in relation to various IT sourcing projects, including software procurements, the fitting and stripping of fleet vehicle technology and the modernisation and upgrade of key legacy software and databases.


Telstra Corporation
: Ken advised Telstra on its implementation of a managed e-Health patient entertainment and clinical information system in public hospitals across the State of South Australia, including the acquisition of related services from a global IT services and software provider.


Hoyts Corporation
: Ken advised Hoyts on licensing strategy and device and other technology procurements associated with its rollout of digital cinema.


Ticketek
: Ken acted for Ticketek in relation to its outsourcing of call centre services and associated business processes to Salesforce and its procurement of an interactive caller voice response solution from VeCommerce.


Complex and strategic contracting


JCDecaux
: Ken acted for JCDecaux in relation to its CityCycle project, a Paris-style public bicycle hire scheme involving the supply, installation and operation of bicycle docking stations within the City of Brisbane and surrounding metropolitan areas.


CITIC Pacific Mining
: Ken acted for CITIC’s Australian subsidiary in the negotiation of various procurement and multi-sourced vendor arrangements in connection with a $5 billion Western Australian mining project.


Gate Gourmet
: Ken advised the world's largest independent provider of domestic and international airline catering and provisioning solutions in relation to its acquisition of airline catering services provider Inflight Logistic Services.

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Knowledge

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