Government

Government law experts

Navigating the legal landscape faced by government departments, agencies and other public sector bodies requires more than just knowledge of the law - it demands an understanding of the broader regulatory framework and the political context in which government agencies operate.

Our team is adept at advising on the unique challenges and opportunities within the Australian Government, in addition to the State Governments in NSW, Victoria and Queensland, ensuring that our clients receive legal advice that is not only legally sound but also aligned with strategic objectives.

Key areas of expertise

Our government sector team is comprised of seasoned professionals whose experience spans a wide range of practice areas, allowing us to provide comprehensive legal support that addresses the full spectrum of government needs. We pride ourselves on our ability to approach matters with a balanced perspective, drawing on our extensive experience representing both government entities and private sector clients.

Our expertise and services include:

• alternative dispute resolution
• compensation law
• contracts and commercial agreements
• disputes and litigation
• employment and industrial relations
• freedom of information and privacy
• governance
• human rights and discrimination
• insolvency and restructuring
• insurance litigation (including personal injury claims, recoveries and cyber incidents)
• property, environment, infrastructure and construction
• public and administrative law
• regulatory law and investigations
• royal commissions and public inquiries
• technology and digital
• training and secondments
• workplace investigations
• workplace health and safety

Your experienced team

As the legal landscape continues to evolve, partnering with lawyers with a deep understanding of government is essential.

Our ability to deliver value to government clients is reflected in our appointments to all panels and sub panels on the Whole of Australian Government Legal Services Panel, a testament to our standing as a trusted advisor in the public sector.

Our Australian Government team, with representatives from across the firm, is led by our Client Relationship Partner Sally Moten, who ensures quality and consistency through appropriate levels of partner involvement and national systems, including a precedent system and knowledge management system, and drives shared practice group learning.

We also have a broad appointment on the NSW Government Legal Services Panel and have been appointed to the Victorian Government Legal Services Panel in the following areas of law: Employment, Industrial Relations and Equal Opportunity; Commercial and Contracts; Personal Injuries and Coronial Inquiries; and the firm also provides legal support services.

Commonwealth and State Government experience

Commercial advisory matters

• NSW Land and Housing Corporation in relation to the development and implementation of its new maintenance delivery contracting model for the maintenance of its social housing portfolio across New South Wales over a 10-year term.
• Western Parklands City Authority, NSW on the procurement, installation and commissioning of large-scale industrial machinery and technology associated with its Advanced Manufacturing Research Facility, and its market engagement strategy for the Facility, including developing a template project services agreement for use when engaging with industry participants.
• NSW Department of Planning, Industry and Environment in relation to the successful renewal of the National Greenpower Program deed with the Victorian Department of Environment, Land, Water and Planning, the South Australian Department for Energy and Mining and the ACT Environment, Planning and Sustainable Development Directorate.
• Infrastructure NSW in relation to securing all intellectual property rights in the NSW Assurance Portal – a technology portal that has been developed by INSW and used to enable project assurance on capital projects with a value of $10 million and above.
• NSW Treasury on all aspects of its Whole of Government procurement processes in relation to the provision of Point of Sale integrated merchant terminal solutions, including from tender through to contract negotiation.

Insurance law and litigation matters

• Transport for NSW (TfNSW) and its insurer in the Sydney light rail class action. TfNSW successfully appealed an earlier finding of the NSW Supreme Court that it was liable for private nuisance to business owners, with the Court of Appeal finding the plaintiffs had failed to prove critical integers of their case. The matter is now before the High Court of Australia.
• Endeavour Energy, partially owned by the NSW Government, and its insurers in a class action arising from a bushfire in Springwood, NSW. Proceedings were resolved for a small fraction of the $200 million in damages sought by the plaintiffs for property damage, personal injury and pure economic loss.
• Endeavour Energy and its insurers in a class action arising from a bushfire in Mount Victoria, NSW, where plaintiffs sought to recover more than $20 million in damages for property damage and pure economic loss. The proceedings were resolved with judgment in favour of Endeavour Energy.
• National Capital Authority in relation to a personal injury claim brought by a pedestrian following a fall on a roadway while attending the Floriade festival in Canberra.
• A tertiary institution in a class action and personal injury claims brought by former students of an aviation course alleging inadequate training.
• State Electricity Commission Victoria, Gas and Fuel Corporation Victoria and VMIA, with sole responsibility for the conduct and management of all asbestos claims since 2007.

Real estate and planning matters

• Sydney Metro in connection with complex projects currently in delivery, including Linewide, SSTOM (Stations, Systems, Trains, Operations & Maintenance), SBT (Station Boxes and Tunnelling Works) and SCAW (Surface and Civil Alignment Works).
• Transport for NSW Northern Beaches Bus Line Project. Acted on the $500 million Northern Beaches Bus Line Project, including the negotiated compulsory acquisition from Northern Beaches Council of development leases, leases, land and easement rights for bus stations, bus lanes and car parking.
• Energy Corporation of NSW (EnergyCo) on property, planning and environmental issues associated with the development of Renewable Energy Zones (REZ), network infrastructure projects and priority transmission infrastructure projects.
• Regional Growth NSW Development Corporation (RGDC) on the acquisition of all land required in the Wagga Wagga, Parkes and Moree Special Activation Precincts, including acting for RGDC in four Class 3 proceedings in the NSWLEC.
• Transport for NSW (TfNSW) on numerous planning and environmental matters over more than 14 years including the $2.5 billion Northern Road Upgrade and the Northern Beaches B-Line.

Workplace relations and safety matters

• Ministry of Health and various LHDs to assist them in managing employee misconduct and defend employee claims.
• NSW Ambulance as a lead advisor on industrial disputes and employee misconduct matters.
• Department of Primary Industries & Regional Development as a lead advisor on industrial disputes and employee misconduct matters.
• NSW Government as lead advisor to build a whole of government response to significant industrial relations issues arising from the “Secure Jobs Better Pay” laws, including a response to multi-million-dollar claims from contractors.
• Sydney Trains and NSW TrainLink in relation to defending a good faith bargaining application filed by the Combined Rail Unions involving Ministers of the Parliament of New South Wales.
• Transport for NSW, Sydney Trains and NSW TrainLink: advising on enterprise agreement bargaining and successfully applying for the approval of the Sydney Trains and NSW TrainLink Enterprise Agreement 2022.
• Various Government Departments on their response to the Respect@Work legislative changes, including developing a suite of controls and training hundreds of public servants in relation to sexual harassment. This includes the Department of Planning & Environment, the Department of Regional NSW and NSW Ambulance.
• NSW Government COVID-19 Taskforce: advising on a range of safety, employment and industrial issues.
• City of Gold Coast: acting for the City of Gold Coast in its negotiations for a new certified agreement and preparation for various matters before ethe Queensland Industrial Relations Commission.
• Local Council: acting for the Council in proceedings in the Queensland Civil & Administrative Tribunal. Advising the Council on a range of employment and industrial issues, including disciplinary issues and discrimination issues.
• Queensland Government (Various): industrial strategy and advice, including management of industrial action, enterprise bargaining including content of agreements and approval process and appearances in the Queensland Industrial Relations Commission.
• Queensland Government (Various): advising on and defending sexual harassment, bullying and discrimination claims in a variety of jurisdictions including before the Queensland Human Rights Commission, the Queensland Industrial Relations Commission and the Queensland Civil and Administrative Tribunal.
• National expertise | Fair Work Commission: acting for clients in litigious proceedings including in the Fair Work Commission, or in federal and state courts or other tribunals.
• Ambulance Victoria regarding a dispute about working arrangements under the Ambulance Victoria Enterprise Agreement 2020.
• Ambulance Victoria regarding a dispute in relation to a disciplinary clause of their enterprise agreement.
• Essential Services Commission on workplace discrimination claims.
• Emergency Management Victoria (Various): acting for our client on matters related to enterprise agreements.
• Visit Victoria on the drafting and negotiation of major sporting event funding agreements for high-profile events.
• Department of Defence: advising Defence on industrial disputes and complex employment matters.
• Comcover: advising Comcover on a variety of employment claims.