Practice area overview
A COLLABORATIVE APPROACH TO ADVICE Gilbert + Tobin draws specialists from each practice area to advise clients on some of the most complex matters in the market. Lawyers from across the firm collaborate regularly, fostering strong working relationships and enhancing our services to clients.
HOW ARE OUR 250+ LAWYERS ORGANISED? Gilbert + Tobin is a leading corporate law firm and a key player in the Australian legal market. We provide innovative, relevant and commercial legal solutions to clients across Australia and around the world. With a focus on dynamic and evolving industry sectors, we work on transactions that define and direct the market. Gilbert + Tobin has become the legal adviser of choice for industry leaders that value our entrepreneurial culture and determination to succeed. Over the past 10 years, many prominent partners have joined the firm to build and strengthen our teams. We still have the highest proportion of female partners of any major Australian law firm. We are also community lawyers. We provide high-quality advice to organisations and individuals in all parts of Australian society, and for those in need we provide this support pro bono.
SYDNEY
MELBOURNE
PERTH
G+T was established in 1988 by Managing Partner Danny Gilbert and Tony Tobin. Our Park Street office in the CBD houses 500+ staff who provide clients with expertise across a range of key legal areas. Practice groups include:
Located on Collins Street in the heart of the CBD, staff in our Melbourne office include some of Australia’s leading lawyers. The team is led by Partners Michael Caplan, Alexander Danne, Catherine Dermody, Nicholas Grambas, Neil Pathak and Cameron Whittfield. Practice groups include:
Gilbert + Tobin’s Perth office sits in the heart of Australia’s booming resources industry. Our lawyers work on a range of matters domestically and in the African and Asia Pacific regions. The Perth team currently acts for more than 100 publicly listed Australian and international companies. Practice groups include:
+ Banking + Finance + Communications + Technology + Competition + Regulation + Corporate Advisory.
+ Corporate Advisory + Energy + Resources + Litigation.
+ Banking + Finance + Communications + Technology + Competition + Regulation + Corporate Advisory + Energy + Resources + Intellectual Property + Litigation + Real Estate + Projects.
3
38% female partners – more than any major Australian law firm.
ME.GTLAW.COM.AU
ME.GTLAW.COM.AU
Shelley Burger, 4 Lawyer
Gilbert + Tobin’s Banking + Finance (B+F) group acts for lenders, borrowers and sponsors on a range of matters – from high-value corporate transactions to complex debt restructurings.
Banking + Finance Robert Trowbridge, Lawyer
The B+F group is active in acquisition finance, project finance, public private partnerships (PPPs), structured finance, real estate finance, debt capital markets, and insolvency and restructuring transactions. The group advises leading Australian and international financial institutions, investment banks, corporations, private equity funds and hedge funds, and works on both domestic and cross-border transactions. To achieve our clients’ business goals, B+F lawyers work closely with the firm’s other practice groups, in particular Corporate Advisory and our clients’ transactions teams. Our lawyers can also experience clients’ working environments through secondment opportunities. Many B+F lawyers have practiced in other jurisdictions including Asia, Europe and the United States. A number of our partners are rated as leading lawyers by various publications including Chambers Global, Chambers Asia Pacific and The Legal 500 Asia Pacific.
PROJECT FINANCE We specialise in debt and equity financing arrangements, project formation, structuring and implementation for a range of projects including PPPs, special infrastructure, property development, transport, power and energy, mining and resources, and oil and gas.
CORPORATE + LEVERAGED FINANCE
RESTRUCTURING + INSOLVENCY During corporate reconstructions and insolvencies we advise banks, financial institutions and distressed debt funds on standstill arrangements, debt restructuring, security enforcement, intercreditor agreements and structured sales, including administration and receivership sales. We also provide advice generally to directors, receivers, administrators and liquidators. Our restructuring and insolvency team recently expanded with the arrival of Partner Dominic Emmett in October 2011. Dominic is one of Australia’s leading workout and restructuring specialists and is listed as a leading individual in The Legal 500 Asia Pacific.
Gilbert +Tobin’s debt capital markets experts “can apply their technical excellence commercially to the transactions involved”. CHAMBERS GLOBAL, 2011
B+F RANKINGS In Chambers Asia Pacific, 2012 Partner John Schembri is ranked Band 1 for Acquisition Finance.
Partner Dominic Emmett is ranked Band 1 for Restructuring and Insolvency in Chambers Asia Pacific, 2012.
We advise major listed companies on their corporate debt arrangements, and advise private equity and acquisitive corporate and institutional clients on large, complex leveraged acquisitions.
STRUCTURED + DEBT CAPITAL MARKETS Our DCM lawyers advise on securitisations, note program establishment, credit-wrapped notes, US and domestic private placements and Islamic bonds.
5
ME.GTLAW.COM.AU
Stuart Cormack, Lawyer
Gilbert + Tobin’s Corporate Advisory group is sought by corporations for assistance in Australia’s most significant and innovative corporate transactions. It advises on a range of related corporate issues. In the last 10 years, the group has been involved in many of Australia’s market-shaping deals.
Corporate Advisory We advise local and offshore companies and financial sponsors in local and cross-border acquisitions and disposals, joint ventures, IPOs, private equity investment, capital management strategies, capital markets activities and on Corporations Act and ASX listing rule compliance issues. Our lawyers serve a diverse client base that includes listed companies in all sectors, investment banks, institutional investors, large privately owned companies and private equity firms. The Corporate Advisory group works seamlessly with the firm’s specialists across the areas of competition, regulation, banking and finance, and intellectual property, to successfully facilitate transactions in all practice areas.
EQUITY CAPITAL MARKETS Our equity capital markets team is one of the leading equity capital markets teams in Australia, with a number of the partners recognised as market leaders. We are renowned for providing groundbreaking advice on new and existing structures and financial products. We have acted for many listed corporations in their capital markets transactions and regularly act for global investment banks and underwriters on equity capital markets transactions.
Andrew Crook, Partner
FUNDS MANAGEMENT Gilbert + Tobin’s funds management specialists provide advice to private equity, real estate and infrastructure funds managers; large corporations; banks; underwriters; and institutional investors across a wide range of Australian transactions. We do this regardless of the nature or location of the investors in the fund, the type of fund structure or the fund’s investment focus.
TAX SPECIALISTS ‘GO-TO’ ADVISERS FOR PRIVATE EQUITY Our Corporate Advisory group incorporates what is regarded as Australia’s leading private equity practice. The team’s strength lies in its ability to effectively manage and close large structured deals, due to a deep knowledge of clients’ requirements and a constant eye on novel opportunities.
LEADERS IN M+A The firm’s M+A partners are among the best in Australia, and the team is one of the strongest in the Asia Pacific region. Our lawyers have a reputation for closing transactions in the face of strong challenges, and are regularly approached to act on many of Australia’s most difficult and strategic transactions. Their reputation ensures Gilbert + Tobin attracts high-profile clients, including listed companies, investment banks, global private equity funds and institutional investors.
7
ME.GTLAW.COM.AU
2011 AWARDS G+T received two awards at the 2011 InterContinental Finance Magazine Legal Excellence Awards: Law Firm of the Year for M+A and Corporate Governance. At the ALB Australasian Law Awards G+T won the Energy and Resources Deal of the Year Award, for the Arrow Energy/Dart Energy demerger, and the Shell and PetroChina takeover of Arrow Energy.
Gilbert + Tobin’s tax lawyers are part of the Corporate Advisory group. They work collaboratively with specialists across all practice groups to provide taxation advice on a broad range of commercial transactions. They also work closely with external advisers and client teams, providing advice and developing tax-effective structures to minimise the risk of later disputes.
CORPORTE ADVISORY RANKINGS In Chambers Asia Pacific, 2012 Gilbert + Tobin’s private equity practice is ranked Band 1.
Partners Peter Cook and Andrew Bullock are ranked Band 1 for Private Equity in Chambers Asia Pacific, 2012.
In Chambers Asia Pacific, 2012 Peter Cook is ranked Band 1 in Corporate M+A.
CLIENTS WE WORK WITH: + P acific Equity Partners on its A$700 million proposal to acquire the Spotless Group. + C oal & Allied on the off-market takeover bid by a company associated with Rio Tinto and Mitsubishi, valuing Coal & Allied at A$10.8 billion. + C onquest Mining on its merger with Catalpa Resources Limited, resulting in the creation of a leading Australian gold company with a pro forma market capitalisation in excess of A$1.1 billion. + T elstra in relation to FOXTEL’s A$1.9 billion bid to acquire AUSTAR. + T he Blackstone Group L.P., a US-based private equity firm, on its US$9.4 billion acquisition of Centro Group’s US assets and platform. The acquisition was completed after a competitive market process. + N SW Treasury on the sale of its waste-management business, WSN Environmental Solutions to SITA Environmental Solutions – a joint venture between French group Suez Environnement and Singapore-listed Sembcorp Industries.
+ ACP Magazines on the A$565 million sell-down of its 49.1% stake in carsales.com Ltd through a block trade to institutional and sophisticated investors. + Credit Suisse on the A$70 million underwritten entitlement offer and placement by Altona Mining Ltd. + O rica on a range of strategic transaction initiatives. + Aurora Oil & Gas Limited on its A$200 million high-yield bond offering to Australian and overseas investors. + Westpac Banking Corporation on the sale to Australian Unity of Westpac Funds Management Limited – the responsible entity of the Westpac Diversified Property Fund (WDPF) (renamed Australian Unity Diversified Property Fund) – and Westpac Banking Corporation’s unit holding in WDPF.
KEY CORPORATE ADVISORY CLIENTS Our clients include: Alinta Energy, The Blackstone Group, The Carlyle Group, CHAMP Private Equity, Consolidated Press Holdings Limited, CommonWealth REIT, Credit Suisse, Crescent Capital Partners, Goldman Sachs, Hoyts Group, Industry Funds Management, Morgan Stanley, Nine Entertainment Co., Pacific Equity Partners, Photon Group, Riversdale Mining, SAI Global, Sphere Minerals, UBS and Westpac Banking Corporation.
“Gilbert + Tobin is absolutely outstanding. We always come back to them.” M+A, IFLR1000, 2011
“Very commercial, excellent partners leading a strong M&A group.” CORPORATE ADVISORY AND M+A, CHAMBERS GLOBAL, 2011
Madeleine Livesey, Lawyer
ME.GTLAW.COM.AU
8
Energy + Resources Gilbert + Tobin’s Energy + Resources group advises on all aspects of energy and resources projects, including finance, acquisitions and disposals, development, construction, regulation and operations.
The group’s mix of corporate, regulatory and project experience enables it to advise on a project’s entire lifecycle in all areas of this sector, including energy and utilities, mining and resources, and renewable energy. MINING + RESOURCES Gilbert + Tobin recently integrated the leading mining and resources practice of Blakiston & Crabb in Perth. As well as being highly experienced resources lawyers, partners of both firms have also been non-executive directors of listed and unlisted exploration, mining and gas companies, which has given them firsthand experience of legal and commercial issues.
Callista Barrett, Lawyer
ENERGY + UTILITIES Gilbert + Tobin is a market leader in energy and utilities regulation, having worked on transactions that have shaped the Australian energy sector. We advise on all aspects of energy and utility regulation for clients including energy retailers, electricity and gas transmission businesses, generation businesses, regulators, market managers and investment banks. 9
ME.GTLAW.COM.AU
RENEWABLE ENERGY Commericialising alternative energy sources is a relatively new phenomenon in the Australian market. Gilbert + Tobin has a proven track record in this growing area. As a result of our involvement in this sector, we can anticipate the issues likely to arise in the construction and financing of key renewable energy projects. We provide renewable energy companies and wind farm investors with seamless, integrated advice and transaction management.
The Energy + Resources group is involved in matters related to Australia’s most important port facilities. Gilbert + Tobin lawyers are leading experts in the commercial and regulatory design, financing and implementation of access arrangements across both regulated and unregulated port and rail infrastructure.
The group works on all aspects of mergers and acquisitions involving mining and resource assets, including public company takeovers and schemes, private acquisitions and disposals, due diligence (including tenement searches) and regulatory approvals (including the Foreign Investment Review Board).
The Energy + Resources group works with other practice areas such as the Corporate Advisory group to create cross-functional transaction teams. Lawyers in these teams advise some of the world’s largest oil and gas corporations. Our team handles all legal issues that arise in oil and gas exploration, project development and commercialisation, structuring and financing, joint ventures and strategic alliances. We also advise on a range of commercial contracts.
THE LEGAL 500 ASIA PACIFIC, 2010
PORTS + RAIL
Our Energy + Resources group regularly advises publicly listed and private Australian and international companies involved in resource exploration, development and mining. Commodities include base metals, coal, copper, diamonds, gold, iron ore, mineral sands, nickel, rare earths, uranium, pearls, salt and timber. We have particular expertise in hard rock mining, oil and gas, and resources projects in emerging economies, primarily Africa.
OIL + GAS
“ Providing ‘service without parallel’, Gilbert + Tobin’s core expertise lies in the energy sector – especially renewable energy and regulatory advice.”
The firm’s experience includes advising governments and port authorities on port and transport interface development; advising transport providers, terminal operators and industry associations on non-discriminatory port and rail access to port terminals; and drafting and implementing the legal framework and application of access regimes for port infrastructure.
PERTH OFFICE OPENS In July 2011, the partners of Blakiston & Crabb joined Gilbert + Tobin. Blakiston & Crabb was founded in 1984 and was one of Australia’s leading specialist resources firms. Mining and resources specialists Michael Blakiston, Claire Boyd, Anthony Burton and David Martino joined Gilbert + Tobin’s partnership and helped found the firm’s new Energy + Resources group. This followed the success of a previous alliance between the two firms and has strengthened Gilbert + Tobin’s expertise in the energy and resources sector.
Litigation Gilbert + Tobin’s Litigation group acts for some of Australia’s biggest corporate names on high-stakes commercial disputes. There is a variety of matters on offer and many interesting and diverse clients to work for, nationally and internationally. Our clients include Brookfield Multiplex, Citigroup, Google Inc., Nine Entertainment Co. (formerly PBL Media), Telstra and other well-known blue-chip organisations.
“We are very pleased with the strong relationship we have with the firm – they have deep knowledge of our organisation which is of great value.” CHAMBERS ASIA PACIFIC, 2012
The group works across the gamut of dispute resolution services – from pre-litigation advice to the strategic use of, or response to, court action. We advise clients in industries including construction, entertainment, financial services, IT, resources and telecommunications. We regularly assist clients in sensitive and critical matters including high-stakes litigation; litigation involving competition issues and regulation of access to services; and regulatory investigations by industry watchdogs such as ASIC, ACCC and Offices of Fair Trading.
RESOURCES LITIGATION The integration of Blakiston & Crabb and the opening of our Perth office means Gilbert + Tobin now has one of Australia’s leading resources litigation practices. Our litigation specialists work with well-known companies in this sector including Barrick Gold, Cape Lambert, Consolidated Minerals, Fugro, Grosvenor Gold, Iluka Resources Ltd, MCC Australia, OM Holdings, Premier Coal Ltd, Silver Lake Resources Ltd, St Barbara Ltd and Sundance Resources. Andrew Floro, Partner
LITIGATION RANKINGS Partners Steven Glass and Rani John are listed as ‘Key Individuals’ in Chambers Asia Pacific, 2012. Lawyer Justine Cameron is listed as an ‘Associate to Watch’.
Partners Colleen Platford and Steven Glass are listed in Best Lawyers, 2012 for Litigation.
11
ME.GTLAW.COM.AU
REGULATED INDUSTRIES Our lawyers support clients in highly regulated industries on matters that involve complex regulatory requirements. Most recently these matters have involved telecommunications network access, gas transmission pipelines, electricity transmission networks and railways.
OUR APPROACH TO LITIGATION From the early stages of a dispute, we aim to get a clear understanding of our clients’ objectives. We then work closely with our corporate and specialist competition and regulatory teams to adopt the right strategy. This approach means matters are properly handled in the pre-dispute stage and appropriately transitioned if they become litigious. We don’t believe one size fits all in dispute resolution – we explore all the options. At G+T, you’ll work alongside lawyers who are skilled in mediation and arbitration and actively identify opportunities to use these alternatives. We advise many clients with global businesses on cross-border disputes in specialist tribunals and dispute resolution panels.
“Blakiston & Crabb’s former head of dispute resolution Mark Gerus is recommended for his ‘breadth and depth of knowledge’, and new partner Tim O’Leary is ‘extremely professional and efficient’.” THE LEGAL 500 ASIA PACIFIC, 2012
Intellectual Property Gilbert + Tobin’s Intellectual Property (IP) group is one of Australia’s leading IP practices. The group’s lawyers regularly appear in court on some of the most exciting and challenging legal work in Australia, across major IP fields including copyright, trade marks and patents. While the IP group is best known for and recognised as a market leader in copyright, our trade mark and patent work is also expanding dramatically. The IP group’s work is diverse and touches on all major industry sectors – from content and technology to healthcare services, packing and mining. We work for content creators, technology companies and manufacturers that are at the forefront of their market sectors, as well as those that are ambitiously developing their businesses to become market leaders. We work for clients in rapidly changing markets including the music and film industries, and for major equipment suppliers such as Samsung. Our lawyers are adept at navigating and adapting their legal services to changing industry conditions.
Nowhere else are these changes more rapid and widely felt than the internet sector. Gilbert + Tobin has a strong track record working for leading clients in this area, including Google Inc. Clients choose our IP group because they want lawyers who deliver consistently high levels of expertise and service. Our partners and lawyers are rated among the best in the market at devising and delivering novel strategies. Gilbert + Tobin expects its IP partners and lawyers to be thought leaders in the development of IP law in Australia. Lawyers in the group regularly present at industry events, contribute to IP publications, and get involved in IP education and lobbying. They have also authored a number of standalone IP texts and IP services.
CLIENTS WE WORK WITH: + S amsung, one of the world’s leading suppliers of television and home electrical goods.
+ t he Australian Recording Industry Association
“We are very impressed by the firm’s strategic approach, expertise and ability to provide advice in a timely manner.” CHAMBERS ASIA PACIFIC, 2012
IP RANKINGS In the 2011 edition of the Managing Intellectual Property Handbook, Gilbert + Tobin is quoted as having a “depth of knowledge of the law [that is] second to none”. Its “ability to communicate that knowledge in terms of asking for opinion by email is just excellent”.
For the last four years Gilbert + Tobin has achieved leading rankings for IP in The Legal 500 Asia Pacific and PLC Which Lawyer.
Partner Michael Williams is ranked Band 1 for Intellectual Property, Trade Mark and Copyright in Chambers Asia Pacific, 2012.
(ARIA) and PPCA, the representative bodies of the Australian recording industry.
+ A FACT (The Australian Federation Against
Copyright Theft), Australia’s major motion picture studios and Village Roadshow, representing the film industry in Australia.
+ Primary Health Care, the leading publicly listed healthcare provider.
+ E nergizer, the supplier of batteries (under the Eveready and Energizer brands) and razors (under the Schick brand).
+ Pact Group, the leading Australian packaging company.
+ G oogle Inc., the world’s leading search engine and technology company.
+ Nutricia (part of Group Danone), the medical Jessica Baxter, Lawyer
13
ME.GTLAW.COM.AU
and child-formula supplier.
“Gilbert + Tobin’s [IP group] provides the highest quality of service of any firm we’ve used in Australia.” THE LEGAL 500 ASIA PACIFIC, 2010
PATENT LITIGATION The IP group is currently acting for Pact Group, one of Australia’s leading packaging companies, in patent infringement proceedings in the Federal Court. Pact Group’s main competitor brought proceedings for patent and trade mark infringement, and for misleading and deceptive conduct, related to the sale of transport container systems known as IBCs. Pact Group is challenging the patents in question and is raising its own claims. The case raises important issues of patent claim construction and patent rights exhaustion that have not been settled under Australian law. The same issues were recently considered by the European Court of Justice and the UK Court of Appeals.
COPYRIGHT LITIGATION 2011 was a big year for IP lawyers in copyright. Following the close decision of the full Federal Court in the iiNet case, Gilbert + Tobin lawyers successfully obtained special leave to appeal to the High Court of Australia to address the test for authorisation under copyright law. This is the first time since Moorhouse (1975) that the High Court has considered the principles of authorisation, and only the second case to consider the impact of the Digital Agenda Amendments to copyright law in 2000. Gilbert + Tobin not only took the iiNet case to the High Court (we await judgement) – we also had a number of applications for special leave and a case brought in the High Court’s original jurisdiction, seeking to have a section struck out of the Copyright Act 1968.
TRADE MARK LITIGATION In late 2011 Gilbert + Tobin secured a big win on behalf of Primary Health Care, on appeal in the Federal Court of Australia, against its competitor Symbion. The case was brought against Primary Health Care’s radiology division, Idameneo, and claimed trade mark infringement and breach of contract. G+T helped Idameneo successfully defend the trade mark infringement claim at trial, and successfully appealed against a finding of breach of contract. The case represents an important recent restatement by the Federal Court of the principles relating to trade mark confusion in Australia, particularly within specialised markets such as the medical diagnostic field. The case continues to attract commentary.
ADVERTISING CHALLENGES The IP group is working on a steady stream of major advertising challenges under the Australian Consumer Law. Current cases include the major comparative advertising challenge we are running for Samsung against LG over 3D TV advertising, and the challenge to Schick’s razor advertising by its major competitor Gillette.
Frances Stephenson, Lawyer
ME.GTLAW.COM.AU
14
Gilbert + Tobin’s Real Estate + Projects group has guided clients through the property, planning, environment and construction aspects of many significant and complex corporate projects, as well as a wide range of real estate transactions.
Real Estate + Projects CLIENTS WE WORK WITH:
PROPERTY
The group advises on transactions such as mixed-use greenfields projects and redevelopments; industrial projects; commercial, industrial and residential leasing; infrastructure projects; telecommunications; and water. Lawyers in the group collaborate closely with corporate, finance, litigation and tax experts across the firm. They work on diverse transactions across all Australian jurisdictions. The group understands the issues from all sides because they work with a wide range of stakeholders including: developers, owners and construction companies; investors, financiers and fund managers; federal, state and local government bodies; health, energy, communications and media operators; and hotel and tourism businesses.
PLANNING + ENVIRONMENT
Our planning and environment specialists advise on planning, contamination, climate change, water and renewable energy. They assist clients with a large range of development approvals including major projects, and provide strategic advice on environmental assessments. The group works closely with Corporate Advisory and Banking + Finance lawyers on planning and environment matters across a number of areas, such as coal mine and farming acquisitions.
+ Digital Realty, the largest data centre operator
“This firm’s Real Estate practice frequently provides specialist real estate support on the firm’s corporate transactions.” CHAMBERS GLOBAL, 2011
Like our clients, we maintain a commercial perspective on all our work, providing creative legal solutions to complex problems. Our lawyers work collaboratively and have been seconded to clients’ legal teams. Our construction lawyers work closely with other practice areas to provide specialist advice on renewable energy projects and NABERS and Green Star ratings. We’ve advised clients on financing, constructing, connecting and operating biomass plants, wind farms and solar energy fields (thermal and photovoltaic).
TECHNOLOGY
Gilbert + Tobin has particular expertise in the construction of data centres and other technology buildings. The Real Estate + Projects group works closely with our technology law specialists to provide advice on establishing and delivering technology real estate.
15
ME.GTLAW.COM.AU
+ N SW Maritime on the redevelopment of parts
of Sydney Harbour including Blackwattle Bay, Superyachts Marina, Rose Bay and Homebush Bay, and the grant of a dredging licence for the Hunter River.
SW Treasury on the sale of its waste + N
management business, WSN Environmental Solutions, to SITA Environmental Solutions – a joint venture between French group Suez Environnement and Singapore-listed Sembcorp Industries Ltd.
+ The Hoyts Group on the agreement for lease
and the lease for redeveloping its cinema in the Forest Hill Chase Shopping Centre, Victoria, and the renewal and refurbishment of its cinema in Warrawong Westfield Shopping Centre, NSW.
+ Telstra on the property aspects of its 3G joint
CONSTRUCTION
Gilbert + Tobin’s construction lawyers provide specialist legal advice on all aspects of construction law – from the inception of a project through to completion – and on all forms of dispute resolution.
in the world, on its tender to build, own and operate a data centre for a state government; and on the design, construction and leasing of a data centre in Victoria to National Australia Bank (NAB).
venture with Vodafone Hutchison Australia.
+ W oollahra Municipal Council on the mixed-
“The practice group is experienced in challenging environmental instructions.” THE LEGAL 500 ASIA PACIFIC, 2011
use developments at the Cosmopolitan Centre and the Woolworths supermarket site in Double Bay, NSW.
+ Public Transport Ticketing Corporation on
planning and strategic advice for the introduction of the electronic ticketing system in New South Wales.
ME.GTLAW.COM.AU
Matt Mackenzie, 16 Lawyer
Communications + Technology Technology and telecommunications work was a foundation of Gilbert + Tobin’s practice when it began in 1988. The firm now boasts one of the largest telecommunications, media and technology (TMT) legal teams in the country, with approximately 50 specialist lawyers.
COMMUNICATIONS GROUP The Communications group works on a mix of regulatory and commercial matters. It caters for domestic and international telecommunications issues, including infrastructure development, access and sharing; regulatory design and strategy; outsourcing and commercial arrangements; acquisitions, joint ventures and alliances; licensing and compliance; digital business; electronic marketing strategies; net neutrality; and dispute resolution. The team also works actively on issues involving convergence and new media, such as IPTV and mobile streaming. Gilbert + Tobin is a key legal adviser to Telstra in relation to the negotiation and implementation of arrangements for the establishment of the National Broadband Network.
+ Convergence is when different technological systems evolve towards performing similar tasks, for example when previously separate technologies – such as voice, data and video – share resources and interact with each other.
+ I PTV (Internet Protocol television) is a television service delivered using the internet rather than traditional terrestrial, satellite or cable formats.
+ N et neutrality (or network neutrality) is a principle that advocates no restrictions by governments or internet service providers (ISPs) on consumers’ access to internet networks.
PRIVACY MATTERS The Communications group advises public and private sector clients on the application of Commonwealth and state privacy data protection, interception and security laws; data breaches; the impact of sector-specific privacy and data protection codes and other requirements; and cross-border privacy compliance. Unlike many law firms, the group’s privacy experience reaches back before the commencement of the private sector privacy provisions in the Privacy Act 1988. It advises on commerical transactions for data mining companies and all aspects of privacy law (including contracting terms and risk analysis), and regularly helps clients develop, implement and review privacy compliance programs.
TRANSFORMATION GROUP The Transformation group advises on a broad range of technology and outsourcing contracts. Its core expertise lies in complex and enterprisewide transactions, including business process, IT and telecommunications outsourcing and offshoring; enterprise-wide transformation (including enterprise change management); IT infrastructure projects (including data centre establishment and operations); systems integration; panel arrangements; due diligence; shared services arrangements; and post-merger integration. The group also assists in the critical-risk aspects of technology contracts that lawyers often don’t get involved in, such as pricing, service-level arrangements and service catalogues. This allows the group to develop more relevant and innovative approaches to client service.
17
ME.GTLAW.COM.AU
WORKING IN THE CLOUD Gilbert + Tobin boasts end-to-end cloud computing project experience. We regularly advise vendors and customers on issues such as data security, software licences, regulatory compliance and procurement.
E-PAYMENTS The Transformation group is at the cutting edge of the e-payments industry. The group uses its strong regulatory foundation to help clients design and execute online payments structures, navigating the complex and evolving regulatory environments in Australia and overseas along the way. We advise local and international communications companies and financial services companies on a range of online and mobile payment schemes and remittance-related technology procurements.
Ka-on Li, Lawyer
CLIENTS WE WORK WITH: COMMUNICATIONS + Telstra on the National Broadband Network and redesign of Australia’s telecommunications regulatory regime.
+ F OXTEL on its bid to acquire AUSTAR. + Allscripts Healthcare Solutions in the South Australian Government’s A$408 million e-heath rollout.
+ World Bank on telecommunications liberalisation and international best practice in Timor Leste.
+ Maxis Communications Berhad on Malaysia’s first active 3G Radio Access Network sharing agreement.
+ Google Inc. on negotiations with the Australian Privacy
Commissioner and Attorney General’s Department, regarding the inadvertent collection of Wi-Fi data.
+ du, a Dubai-based telecommunications carrier, on its
successful negotiations with the local regulator over marketing its 4G service offering.
+ PT XL Axiata, one of the largest mobile operators in Indonesia, in
relation to the ongoing acquisition of various complex and large-scale services and products from international equipment vendors and service providers.
TRANSFORMATION + Westpac Group on its whole-of-bank information technology, infrastructure and telecommunications outsourcing.
+ NSW Government on a shared services reform program;
procurement of a smartcard ticketing system for public transport in greater Sydney; and the Australian payments scheme on payments and remittance-related technology procurements.
+ Digital Realty on government and financial services data centres. + Telstra on various commercial arrangements to support Telstra’s cloud service offering to customers.
+ Malaysian Banking Corporation on a complex banking technology transformation project.
John Rhodes, Lawyer
“Gilbert + Tobin is ‘...easily the best TMT firm in Australia in terms of legal work, and the most innovative on fees and client service too’.” THE LEGAL 500 ASIA PACIFIC, 2010
INTERNATIONAL FOCUS Gilbert + Tobin’s experts run international matters from the firm’s Australian offices and meet with clients overseas whenever they are needed. Some of the group’s recent matters involved clients based in Bahrain, China, Indonesia, Malaysia, Singapore, Thailand and the United Arab Emirates (Dubai).
KEY CLIENTS Our clients include: ACP Magazines, AUSTAR, Batelco Group, BlueScope Steel, Commonwealth Bank, Champ Private Equity, CUA, du (UAE), EMI, FOXTEL, Google Inc., HBO, Leighton, Linfox, Macquarie Bank, Maxis, Maybank2u.com Malaysia, NRMA, NSW Government, Pacific Magazines, SAI Global, Sydney Water, Telstra, Westpac Group and Woolworths.
C+T RANKINGS Gilbert + Tobin achieved a Tier 1 ranking for TMT, and three of our TMT partners were recognised as leading individuals by The Legal 500 Asia Pacific, 2011. In Chambers Asia Pacific, 2012 our IT and Telecommunications practice is ranked Band 1. Partner Sheila McGregor is ranked Band 1 for IT, and Partner Peter Leonard is ranked Band 1 for Telecommunications. Gilbert + Tobin is rated as a leading firm for TMT and five of our TMT partners were listed in PLC Which Lawyer, 2011. Best Lawyers Australia, 2011 recognised four of our TMT partners as leaders in their field.
ME.GTLAW.COM.AU
18
Competition + Regulation Gilbert + Tobin’s Competition + Regulation (C+R) group is regularly engaged to advise on the most complex and highprofile transactions across Australia and the Asia Pacific region. Our lawyers are competition law and industry regulatory practitioners. Each lawyer chooses a government policy and regulatory law focus in one or more specific industries. Members of the group come from diverse employment backgrounds including regulatory bodies, and corporate and economic consultancies. The C+R group is renowned for its work across industries such as broadcasting and media, energy and utilities, financial services, retail, resources, telecommunications and transport (port, rail and aviation). The group undertakes a variety of work across these sectors, including ACCC merger clearance, transaction structuring, regulatory disputes, litigation, conducting and defending investigations, and giving general competition advice.
In the electricity sector, the group’s experience in the merits review of revenue and pricing determinations before the relevant appeals bodies is second to none.
PORTS + RAIL
We have a great depth of experience providing regulatory advice to financial services institutions and industry associations on compliance with Reserve Bank, APRA, ASIC and ASX regulations and industry codes. We also work closely with industry groups such as the ABA and Australian Payments Clearing Association to develop policy reform initiatives that directly affect the financial services industry.
The C+R group acts for government agencies, investors, users, financiers and stakeholders involved in many of Australia’s most important port facilities. Our experience includes drafting and implementing the legal framework and application of access regimes for port infrastructure; advising governments and port authorities on port and transport interface development; and advising transport providers, terminal operators and industry associations on non-discriminatory port and rail access to port terminals.
In the 2011 edition of Chambers Asia Pacific, G+T is recognised as “one of Australia’s premier competition practices, with a sizeable team and a track record of high-profile successes”. Market sources acknowledge the “quality of [our] people, and the low partner-lawyer ratio – so you get a very personal service”. Lena Vanmali, Lawyer
ME.GTLAW.COM.AU
Gilbert + Tobin is the market leader in energy and utilities regulation, having worked on transactions that have shaped the Australian energy sector. We advise on all aspects of energy and utility regulation for clients including energy retailers, electricity and gas transmission businesses, generation businesses, regulators, market managers and investment banks.
FINANCIAL SERVICES
Our C+R practice is one of the largest in Australia. We are the ‘go-to’ firm for companies in heavily regulated industries, and we work on some of the most complex and contentious merger clearance and cartel matters in the Asia Pacific region. We also have experience as co-ordinating counsel in international cartel investigations and litigation matters across the Asia Pacific region.
19
ENERGY + UTILITIES
GOVERNMENT
Industry focus
Gilbert + Tobin has worked with government agencies from around the world for many years, on a variety of public sector projects. Our government advisory experience is enhanced by senior members of our team, who have previously held senior positions with governments and regulatory bodies. This gives us invaluable insights into our clients’ perspectives. We help achieve clients’ policy objectives by forming multi-disciplinary teams that incorporate lawyers from different groups including Corporate Advisory, Communications + Technology, Competition + Regulation, IP, Litigation and Real Estate + Projects.
WATER Nicholas Grambas, Partner
Gilbert + Tobin advises leading domestic and international companies on transactions that impact and shape the market, across a broad spectrum of dynamic and evolving industry sectors. We draw on partners and lawyers who have in-depth industry knowledge, from all practice areas across the firm, to create unique and innovative solutions for our clients. CHARITIES Lawyer Darren Fittler established G+T’s Third Sector Advisory practice. Our Third Sector Advisory lawyers provide specialist advice to charitable and not-for-profit organisations including large and small charities, community groups, corporate foundations, industry associations, private families and individuals. This practice combines our broader corporate expertise with a deep knowledge of and experience in areas of law that relate specifically to charities and not-for-profit organisations to provide innovative, holistic and strategic legal advice and guidance.
CLIMATE CHANGE The Climate Change team offers advice to clients across many industries on all aspects of climate change, such as renewable energy and emissions trading, water and sustainable development.
ENERGY + RESOURCES No industry sector in Australia sits more firmly in the crosshairs of investors, government, international trade, politics and security than energy and resources. The debt crisis in the West, political instability in the Middle East, and the growing political and economic influence of China
21
ME.GTLAW.COM.AU
and India mean the coming years will provide historic opportunities and challenges for energy and resources companies and investors.
Gilbert + Tobin is actively involved in the water reform agenda. We provide innovative, forwardthinking and commercial legal advice to prospective market entrants and current participants so they can take advantage of opportunities in the water and wastewater sector. We act on the sale, purchase and restructuring of water rights, including advising clients about ongoing policy and legislative changes which will impact their water rights. In tandem with our commercial and dispute resolution practices, we advise on statutory and policy compliance requirements for major projects, working to obtain all necessary approvals and devising strategies for obtaining these approvals through negotiation, mediation and, where appropriate, litigation.
The shifts in global trade and politics are reshaping the Australian and international economies. These changes are reflected by a growing focus on gas and liquid natural gas, together with new and continuing investment in large integrated assets. With its world-class transaction, finance and project experience, Gilbert + Tobin’s Energy + Resources group is helping clients take advantage of these opportunities in Australia and internationally.
INFRASTRUCTURE Gilbert + Tobin advises on the development, regulation and operation of complex, large-scale infrastructure developments, including water and wastewater, energy (conventional and renewable), transport (rail, roads and ports), health and telecommunications projects. Infrastructure projects require a variety of legal specialisations, which is why we take an integrated approach – bringing together a team with the skills to deliver the best results. We have worked with developers, financiers, and government and industry bodies on some of Australia’s largest and most difficult infrastructure transactions. Hannah Quadrio and Tamara Sims, Lawyers
Pro Bono
Pro bono work is an integral part of our distinctive culture. Most of our lawyers work on at least one pro bono matter each year. Gilbert + Tobin has always been a pro bono pioneer; we appointed Australia’s first full-time in-house pro bono lawyer in 1996. In 2008 the firm broke new ground again when we appointed our first full-time partner responsible for pro bono, Michelle Hannon. We now have a dedicated Pro Bono group of three lawyers and one partner. We are a proud proponent of social justice for everyone, and focus on providing advice and support to marginalised and disadvantaged individuals and the organisations representing them. In 2010–11, the firm completed more than 13,000 hours of pro bono work – an average of 58 hours per lawyer – conservatively valued at over A$4.5 million. In addition to the commitment most lawyers make to the Pro Bono practice, from time to time opportunities arise for graduates and lawyers to participate in a dedicated placement within the Pro Bono group. The group has a particular focus on Indigenous issues but also engages in test and public-interest litigation, policy work, community legal education, corporate governance for NGOs, refugee matters, disability issues, human rights and discrimination cases, and victim compensation claims.
OUTREACH PROGRAMS The Pro Bono group is active in several outreach programs in New South Wales. Our lawyers provide advice at the Marrickville Legal Centre and the Matthew Talbot Homeless Shelter on a weekly basis,
In 2010–11, the firm completed more than 13,000 hours of pro bono work – an average of 58 hours per lawyer – conservatively valued at over A$4.5 million.
and at the Wyong Women’s Health Centre and Wyong Neighbourhood Centre on a monthly basis. Gilbert + Tobin is also a member of the Indigenous Enterprise Partnership and acts for several Indigenous organisations in Cape York and other remote regions.
WE ARE ASSISTING: + a refugee client who was reunited with her family after 10 years in Australia. After more than five years and a complex application process, our client’s daughter and grandson were finally granted their holiday visas. They recently visited Australia for their holiday, where our client met her grandson, now six years old, for the first time. + a peak disability body in litigation to improve the living standards and accommodation of people with intellectual disabilities. + an Indigenous woman living in Walgett to apply to Victims Services in the Department of Attorney General and Justice in NSW for victim’s compensation, after being severely assaulted by her then partner, from which she lost all vision in her right eye. After waiting more than 18 months, we received notification that our client’s application was successful. She was awarded A$48,000 in compensation.
Michelle Hannon, Partner
CORPORATE SOCIAL RESPONSIBILITY When you join Gilbert + Tobin, you join a workplace that understands the value of investing in people, the environment and the communities around us. To us, this is the only way to do business.
ENVIRONMENTAL AWARENESS Gilbert + Tobin has a proud community-conscious track record on environmental issues. Our ‘Green Team’ is a group of ambassadors working to enhance environmental awareness within the firm, both at work and at home.
INVESTING IN THE FUTURE OF INDIGENOUS AUSTRALIANS We forge Indigenous community partnerships to promote higher rates of retention in education; stronger pathways to vocational training and higher education; diversity in the workplace; and the greater agenda of social inclusion. In 2007, we began a year-long process with Indigenous advisers who helped us develop our first Reconciliation Action Plan (RAP) for approval by Reconciliation Australia. Our first RAP, ‘Growing Together’, was launched in 2008. We were the first Sydney law firm to have a RAP and the second nationally. The RAP covers a number of activities including: + an Indigenous general employment program.
+ a n Indigenous Employment Strategy that includes the Indigenous Cadetship Program for law students. + ‘ How Big Are Your Dreams?’, an Indigenous youth program that was developed collaboratively at Gilbert + Tobin. + ‘ Shifting Perspectives’, an in-house program to increase the awareness, understanding and acknowledgment of Indigenous Australians’ cultures and histories.
COMMUNITY PROJECTS We engage in a number of projects nominated by staff and funded by the firm. At the moment these projects support: + F ootball United, a community organisation providing social and sporting networks for young refugees. + C omputer Tutor, providing IT training to families staying in Vincentian House, a homeless shelter for families in Sydney and Geelong. + S HINE for Kids, an organisation that supports children who have a parent in gaol. Our staff arrange and attend outings for children and their carers. ME.GTLAW.COM.AU
22
Career opportunies It’s time to make the smart career choice
Ewan Scobie, 23 Lawyer
ME.GTLAW.COM.AU
Gilbert + Tobin lawyers work on transactions and matters that shape the market. We actively seek out excellent lawyers whose high standards match our own. We work to ensure all partners and lawyers become trusted advisers in their area of expertise. The firm values diversity of experience, which is why many of our lawyers come from varied backgrounds and have in-house, international and domestic experience. Many of our people are attracted to G+T for its top-tier work and clients, and also because of our non-hierarchical culture and collegiate working environment. Our lawyers are frequently recognised for their deep knowledge and understanding of their clients’ businesses and industries. We work closely with our clients to provide strategic and commercial advice on some of the most complex matters and transactions in the market.
LOCAL + INTERNATIONAL SECONDMENTS
Tim Gordon, Lawyer
Secondments are an important part of your career development as a lawyer. We offer our people opportunities to work in-house to expand their understanding of our clients and to build a deeper knowledge of relevant industry sectors in Australia and overseas.
Opportunities for experienced lawyers
HOW WE WORK The people you’ll work with and the diverse projects and tasks you’ll work on will help develop your commercial awareness and broaden your knowledge and areas of specialisation. G+T lawyers work closely in their teams and alongside other practice areas to achieve the best outcome for their clients. Our working environments are designed to foster teamwork and group discussion.
WHO WE’RE LOOKING FOR We’re looking for lawyers with a minimum of two years’ experience in their area of practice who will thrive in an environment of integrity, respect, innovation and legal excellence – and who demonstrate team spirit and the determination to succeed.
GET IN TOUCH If you’re interested in opportunities across our offices please visit me.gtlaw.com.au and share your details with us. Louise Klamka, Lawyer
ME.GTLAW.COM.AU
24
Next steps GRADUATE OPPORTUNITIES New graduates join the firm each year and complete a formal graduate program consisting of two rotations. Graduates nominate their preferred practice areas, and we work closely with you to ensure you’re placed in your areas of interest. During your rotations you’ll be actively involved in billable matters, which will be complemented by other business activities such as professional and business development, knowledge management and pro bono matters. COLLEGE OF LAW Gilbert + Tobin will support and fund your practical legal training and help you gain admission as a legal practitioner. Our graduates complete their rotations at the same time as their studies, so we provide you with additional study days to attend exams and complete assignments.
LEARN FROM YOUR MENTORS Mentoring is an important aspect of graduate life at Gilbert + Tobin. Each of our graduates is assigned a mentor – who is usually a more experienced lawyer – to guide you through your rotations and your transition into a practice area. Your mentor provides you with support and helps you establish relationships within your practice areas and across the firm. You’ll also receive guidance from a junior ‘buddy’ who’ll give you invaluable advice and support throughout your graduate experience.
GET IN TOUCH G+T’s graduate program is tailored to each state office. If you’re a graduate student ready to make the smart career choice, we would like to hear from you. Visit me.gtlaw.com.au for specific information on graduate programs in our Sydney, Melbourne and Perth offices, and share your details with us. Jodie Lilir, Lawyer
ME.GTLAW.COM.AU
26
Professional development Learning is a critical component of professional and personal career development at Gilbert + Tobin. When you start with us, you’ll participate in a detailed induction program that introduces you to the firm and the way things work. Peter Rugg, Lawyer
LEARNING + DEVELOPMENT PROGRAM
POSTGRADUATE STUDY + SCHOLARSHIPS
Our in-house learning programs are designed to improve your technical, legal and professional skills that you will use at all stages of your career. Harnessing the wealth of resources available at the firm, you’ll experience a variety of learning techniques including on-the-job instruction and mentoring, classroom-based instruction and experiential learning.
We encourage our lawyers to undertake postgraduate study. This includes funding assistance for masters’ degrees and other postgraduate courses, and study leave to complete assignments and attend exams. Each year we award a scholarship to support a lawyer who wishes to study a subject that supports their legal career and aspirations. The scholarship covers any educational institution in the world. Past scholarship winners have studied at some of the world’s most prestigious institutions, including:
Formal training is one of many ways to develop strong legal skills. We place considerable emphasis on practical, one-on-one learning with managers, senior lawyers and partners. The firm provides professional development opportunities for lawyers by holding internal events and through our in-house accredited training programs. The firm also encourages lawyers to attend relevant external seminars.
+ Columbia University + Duke University + Georgetown University + Harvard University
Some of the development programs offered to our lawyers and graduates include: + n egotiation skills workshops
Anne McDonald, Lawyer
+ London School of Economics and Political Science
+ i ntensive commercial drafting modules
+ New York University
+ c lient development programs
+ Stanford University
+ i ndustry-specific training by external consultants and experts
+ University of Florida + University of Oxford.
+ s pecialist practice group-based training + s enior leadership development programs. Throughout the year the firm also hosts internal events with presentations from guest speakers on topical issues. You may also hear from colleagues who’ve done amazing things. For example, in May 2011 Partner Christine Burke scaled Mount Everest and gave a presentation on her adventure. Real Estate + Projects Partner Christine Burke (right) reached the summit of Mount Everest on 20 May 2011.
27
ME.GTLAW.COM.AU
ME.GTLAW.COM.AU
Ken Saurajen, 28 Partner
Are you ready to make the smart career choice? There are many reasons why Gilbert + Tobin is the smart career choice. MAKE A NAME FOR YOURSELF
BECOME PART OF A UNIQUE CULTURE
Gilbert + Tobin is a top-tier firm where you can make a name for yourself through the important transactions and projects you work on, and by participating in community activities.
Perhaps the most compelling reason to join G+T is the feeling people gain by working at the firm. As a younger organisation that has built its success on legal excellence and entrepreneurial drive, Gilbert + Tobin is energetic and passionate. The firm also has a long tradition of giving back to the community through our pro bono practice and corporate social responsibility initiatives.
We enjoy a reputation as the most successful law firm to emerge in Australia in many years. At G+T we want you to be a valued member of the team. During your time with us you’ll have the opportunity to work with talented partners and professionals on a range of interesting transactions and matters. We are often engaged on the largest and most intellectually demanding transactions and cases in the marketplace. Our lawyers are well known for their technical skill and ability to put forward creative and often groundbreaking solutions to complex problems. The firm is active in cutting-edge fields such as technology and telecommunications, energy and climate change.
Cassandra Hay, Lawyer
We’re looking for ambitious, bright, friendly and enthusiastic people who will thrive in an environment of integrity, respect, innovation and legal excellence – and who demonstrate team spirit and the determination to succeed.
29
ME.GTLAW.COM.AU
FIND OUT MORE For more information on our summer clerk and graduate programs as well as other employment opportunities, please visit me.gtlaw.com.au and share your details with us.
SYDNEY
MELBOURNE
PERTH
2 Park Street Sydney NSW 2000 AUSTRALIA
120 Collins Street Melbourne VIC 3000 AUSTRALIA
1202 Hay Street West Perth WA 6005 AUSTRALIA
GPO Box 3810 Sydney NSW 2001 AUSTRALIA
GPO Box 90 Melbourne VIC 3001 AUSTRALIA
PO Box 454 West Perth WA 6872 AUSTRALIA
T +61 2 9263 4000 F +61 2 9263 4111
T +61 3 8656 3300 F +61 3 8656 3400
T +61 8 9413 8400 F +61 8 9413 8444