G+T Careers Magazine 2013 by Gilbert + Tobin

SYDNEY MELBOURNE P E RT H

Think independently

Make the smart career choice

Contents TWENTY-FIVE YEARS OF INDEPENDENT THINKING____________________________2 Managing Partner Danny Gilbert tells us what it’s like to be twenty-five years young. HOW ARE OUR 300+ PARTNERS AND LAWYERS ORGANISED?__________________5 BANKING + FINANCE____________________________________________________ 6 CORPORATE ADVISORY___________________________________________________8 ENERGY + RESOURCES___________________________________________________10 LITIGATION____________________________________________________________ 12 EMPLOYMENT___________________________________________________________ 13 INTELLECTUAL PROPERTY________________________________________________14 REAL ESTATE + PROJECTS________________________________________________16 A DAY IN THE LIFE OF A TRANSACTION________________________________ CENTRE We lift the lid on three high-stakes transactions. INDUSTRY FOCUS_______________________________________________________ 17 Take a closer look at the many industries in which we work. TECHNOLOGY, MEDIA AND TELECOMMUNICATIONS + PROJECT SERVICES_______18 COMPETITION + REGULATION____________________________________________ 20 PRO BONO____________________________________________________________ 22 CORPORATE SOCIAL RESPONSIBILITY______________________________________23 CAREER OPPORTUNITIES________________________________________________ 24 Learn more about what’s on offer at Gilbert + Tobin. ABOUT YOUR CLERKSHIP________________________________________________ 26 It’s a big decision – where are you going to start your legal career? Find out more about clerkships at Gilbert + Tobin. NEXT STEPS FOR GRADUATES_____________________________________________27 Discover all the benefits of our graduate program including mentoring, secondments and more. OPPORTUNITIES FOR EXPERIENCED LAWYERS_____________________________ 28 We’re looking for ambitious and talented people to join our think-tank of leading lawyers. PROFESSIONAL DEVELOPMENT__________________________________________ 29 Find out about opportunities for learning and development, including international postgraduate study. AFTER HOURS_________________________________________________________ 30 Find out about the fun things our talented lawyers get up to when they’re not working. WHY G+T?_____________________________________________________________32

Twenty-five years of independent thinking

In the past 25 years, Gilbert + Tobin (G+T) has done what no other Australian law firm has – grow from fledgling firm to join the ranks of the top-tier corporate law firms. The firm’s future looks bright, and founding partner Danny Gilbert remains as enthusiastic, determined and ambitious as ever. In January 1988, Danny Gilbert and Tony Tobin decided to strike out on their own and establish Gilbert + Tobin. While very ambitious, the founders didn’t have deep pockets or connections in Sydney. Tobin was from Brisbane and Gilbert grew up on a farm near Griffith in country NSW. “I’d never been to Sydney until I came to university when I was 18,” says Gilbert. “We weren’t from the establishment and weren’t part of the Sydney scene.” Gilbert believes that outsider status has always given the firm its signature energy and independent spirit. “When Tony and I started the firm we had no real idea where it would end up,” he says. “We just knew that we wanted to do something different and innovative. That has been our guiding principle to this day. “We had some luck at the beginning but the firm’s success was down to the contributions of many people – past and present,” says Gilbert. “We were joined by some of the best, most dynamic lawyers in the market and they injected – and continue to inject – considerable life force into the firm. The future of G+T is completely dependent upon these people and our capacity to attract the best lawyers, from summer clerks through to established market-leading partners.”

FAST FORWARD The next few years saw Gilbert + Tobin take on some of the partners and senior lawyers who would cement its reputation and further fuel its ambitions. By 2000, the firm had more than 30 partners, over 250 staff and an annual revenue exceeding $60 million. It was also starting to do more work for the major banks and was closely watched within the legal profession. “There is little doubt that the success story of the last 10 years has 2

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been Gilbert + Tobin,” said the publisher of the 2001 edition of Legal Profiles. “Its competitors regard it with a mixture of awe and envy.” Since then, the firm has continued to grow in size and capability, expanding from a single Sydney-based office to a national firm with offices in Melbourne and Perth. By the end of 2012, Gilbert + Tobin had 69 partners, over 500 staff and an annual revenue exceeding $155 million. The firm’s work with many of the world’s leading organisations led The Asian Lawyer, 2012 to remark that, “the firm has racked up a series of high-profile deals that has made others sit up and take notice”. Australia’s business and legal circles were certainly taking notice in 2012 when Gilbert + Tobin represented Nine Entertainment Co. during a tense, year-long negotiation to pull the company back from prospective receivership. The negotiation resulted in an approximately $4 billion recapitalisation. Pundits were also watching in February 2013 when, after a six-year battle, the firm helped Google Inc. to a 5–0 High Court victory against the Australian Competition and Consumer Commission (ACCC). In the same month, Gilbert + Tobin was appointed to act for the Catholic Church’s Truth, Justice and Healing Council in the Royal Commission into Institutional Responses to Child Sexual Abuse. “Within our practice groups we definitely get variety – you never know where we’re going to pop up next,” says Gilbert. It’s certainly true of the firm’s international work, which has included projects in locations as far flung as Cambodia, Bahrain and the Democratic Republic of the Congo. Gilbert + Tobin has built an extensive offshore practice, and a large proportion of its revenue is derived from work in overseas markets or for foreign clients.

A LEADER IN ITS CHOSEN FIELDS Today Gilbert + Tobin is regarded as a peer among the nation’s top corporate law firms and recognised as a leader in its areas of specialisation. Of the firm’s recent achievements, Gilbert is particularly proud of the growth and strength of the firm’s practice groups, particularly in Banking + Finance and Corporate Advisory. He also cites the innovative fixed-fee arrangement with Telstra, which in 2009 was one of the first major arrangements of its kind in Australia. “I think we’ve always had a good reputation with our clients because we consistently achieve excellent results for them,” says Gilbert. “That client focus has driven our growth. Recognition from our peers is a side effect of that success.”

ROLLING WITH THE CHANGES In the 25 years since Danny Gilbert and Tony Tobin founded the firm, Australia’s corporate legal landscape has undergone several major cultural shifts.

“Top-tier firms are no longer defined by their size and structure but rather by the quality of the service they provide,” says Gilbert. “Gilbert + Tobin is a strong example of that. Just because you’re global doesn’t mean you’re number one. That’s my strong view.”

Danny Gilbert, Managing Partner

A CULTURE OF AMBITION AND HEART Gilbert + Tobin stands out in today’s legal marketplace due, in part, to its strong culture. While many of the other top firms are steeped in history and hierarchy, Gilbert + Tobin is non-bureaucratic, entrepreneurial and diverse. “I think the sort of person who thrives here is someone who performs best in an open, unstructured and fluid environment, and who has the capacity for change,” says Gilbert. “As well as being highly technically skilled, our lawyers must constantly agitate for the best outcomes for their clients, so people with a bit of restless ambition will fit in very well.” When it comes to clients, Gilbert + Tobin seeks to be efficient and pragmatic; deliver excellent work that adds value; and act openly, honestly and with integrity. “There is nothing remarkable in these values,” says Gilbert. “They are part and parcel of what it means to be a decent human being and live a good life … a life where the values of honesty, kindness and approaching things with a good heart are manifest.” One outcome of this value system is that Gilbert + Tobin has, despite its youth, been a pioneer in pro bono work and a leader in community contribution. The firm started providing pro bono services soon after its formation and, in 1996, became the first Australian firm to appoint a full-time pro bono lawyer. Gilbert + Tobin’s Pro Bono practice includes three lawyers led by Partner Michelle Hannon (see page 22), and assisted over 600 clients in the 2011–12 financial year. Gilbert is passionate about social equity and particularly the treatment of Indigenous Australians. He was involved in the community legal centre movement in the 1970s and was honoured with an Order of Australia in 2005 for his services to law, the community and particularly Australia’s Indigenous people. The firm is particularly strong at retaining and promoting female lawyers. In a December 2012 interview with The Australian, Gilbert stated that from the outset, the firm was keen to embrace diversity. “We welcome people into the firm who have talent and something to offer no matter where they are from,” he said.

Thirty-seven per cent of Gilbert + Tobin’s partners are women, the highest proportion of female partners in any major Australian firm.

“When you set up an environment that encourages creativity and demonstrates open-mindedness, then women join, they prosper, and that success feeds on itself,” Gilbert adds. “I have never sat in a board meeting where we said, ‘We appointed a man last year, we need to appoint a woman this year’. It’s not about systems. It is really about credibility and leadership. “We have always had exceptionally strong role models in our outstanding female partners. Indeed, one of them, Gina Cass-Gottlieb, was singled out as one of only 10 ‘Star Individuals’ in Australia by Chambers Asia Pacific, 2012.”

A TRUSTED ADVISER By enabling its lawyers to take time out from their careers to work for government agencies and not-for-profit organisations, Gilbert + Tobin plays a wider role in Australia’s social, political and economic future. Gilbert cites the example of Partner Dr Kate Harrison, who rejoined the firm in 2011 after working for the Commonwealth Government, initially as senior adviser to John Faulkner (the then Defence Minister), followed by a term working for the Prime Minister herself. Then there is Lawyer Alice Lam, who in 2012 took a leave of absence to work as a legal officer at the Special Court for Sierra Leone. In that role, Lam assisted the Trial Chamber in drafting the judgment in the prosecution of the former president of Liberia, Charles Taylor, for his involvement in war crimes and crimes against humanity.

In late 2012, Victor Dominello, the NSW Minister for Aboriginal Affairs, Citizenship and Communities, mentioned to Gilbert that a new policy officer position had opened. Gilbert recommended Lam, and she immediately commenced working with the Minister on a 12-month secondment. “I’m working with community stakeholders on a review of the NSW Aboriginal Land Rights Act,” says Lam. “We’re looking to find ways of better achieving the aims of the Act. I’m grateful to have this chance to be involved in social justice and law reform, and help make a change for the better.”

EXPANDING HORIZONS According to Gilbert, the firm remains committed to growth.

Rather than emulate its global competitors, it will continue to build its strength as a leading independent firm, and partner with other leading firms around the world. The firm will focus its energy on strengthening its areas of specialisation. Vital to this plan is attracting the best people in the market. “We have always tried to be a generous employer for two reasons. First, it makes good business sense if we are to attract the best people. Second, if you want to be a good and just employer, one key element is to reward people well.” Asked why high-calibre people continue to join the firm, Gilbert says, “I think it’s still the sense that this is a firm with lots of new and exciting horizons, and that we’ve built a wonderfully fertile platform for the future.”

“As someone who has interests in international law and policy work, Gilbert + Tobin has given me more support than I ever hoped for,” she says.

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Bridget Liedig, Lawyer

How are our 300+ partners and 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.

37%

female partners – more than any major Australian law firm.

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 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.

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.

Nirangjan Nagarajah, Lawyer

SYDNEY

MELBOURNE

PERTH

Gilbert + Tobin was established in 1988 by Managing Partners Danny Gilbert and Tony Tobin. Our Park Street office in the CBD houses 500+ staff who provide clients with expertise across a range of 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. Practice groups include:

• Banking + Finance

• Competition + Regulation

Gilbert + Tobin’s Perth office sits in the heart of Australia’s 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:

• Corporate Advisory

• Technology, Media and Telecommunications + Project Services.

• Energy + Resources • Intellectual Property

• Banking + Finance

• Corporate Advisory • Energy + Resources • Litigation.

• Litigation • Real Estate + Projects • Technology, Media and Telecommunications + Project Services. ME.GTLAW.COM.AU

Banking + Finance

Ros O'Mally, Partner

Gilbert + Tobin’s Banking + Finance (B+F) group acts for financial institutions, borrowers and sponsors on a range of matters, from high-value corporate transactions to complex debt financings. 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 international transactions. To achieve our clients’ business goals, our B+F lawyers work closely with the firm’s other practice groups, in particular Corporate Advisory, and with our clients’ transactions teams. Our lawyers also experience our clients’ working environments through secondment opportunities. 6

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Many Gilbert + Tobin B+F lawyers have practised in other jurisdictions including Asia, Europe and the United States. A number of our partners are rated as leading lawyers by 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 We advise major listed companies on their corporate debt arrangements, and advise private equity firms and acquisitive corporate and institutional clients on large, complex leveraged acquisitions.

The successful banking and finance team has standout expertise in acquisition finance, asset finance and leasing, and acts for a stable and loyal clientele. Chambers Asia Pacific, 2012 Gilbert + Tobin is rated for ‘outstanding service’, ‘attention to detail’ and its ‘ability to manage complex legal and commercial issues’. The Legal 500 Asia Pacific, 2012

Gilbert + Tobin’s B+F team is ‘very knowledgeable, very experienced, and willing to come up with ideas that may be outside the box’ … ‘Their advice is always professional, timely and commercial’. IFLR1000, 2012

STRUCTURED + DEBT CAPITAL MARKETS Our debt capital markets lawyers advise on securitisations, note program establishment, credit-wrapped notes, US and domestic private placements and Islamic bonds.

RESTRUCTURING + INSOLVENCY During corporate reconstructions and insolvencies we advise banks, financial institutions, distressed debt funds and corporations in financial distress, on standstill arrangements, debt restructuring, security enforcement, intercreditor agreements and sales out of administration/receivership. We also provide general advice to directors, receivers, administrators and liquidators.

CLIENTS WE WORK WITH + Nine Entertainment Co., its subsidiaries and its board of directors in relation to its debt restructure implemented in February 2013, including Nine Entertainment Co’s US$700 million Term Loan B financing. + The Ontario Teachers’ Pension Plan and Hastings Funds Management Consortium’s 11 financiers (including the four major Australian banks, an export credit agency and a range of international banks) on financing the A$2.3 billion privatisation of the Sydney Desalination Plant. + a syndicate of financiers to a consortium’s bid on the privatisation of Port Botany and Port Kembla in NSW. + ANZ, Commonwealth Bank, NAB, Westpac and foreign banks on a number of PPPs and bids including: Eastern Goldfields Regional Prison; Sydney International Convention, Exhibition and Entertainment Precinct; New Bendigo Hospital;

Daniel Yim, Lawyer

Sunshine Coast University Hospital; Northern Territory Secure Facilities; Wiri Prison, New Zealand’s first-ever PPP; Mundaring Water Treatment Plant; and the QEII Medical Centre Car Park in Western Australia. + Pacific Equity Partners on the A$1.2 billion public-toprivate takeover of Spotless Group Limited. We advised on the Scheme of Arrangement and the financing package for this significant private equity transaction. + Credit Suisse AG as agent and Credit Suisse Securities (USA) LLC as co-lead arranger in relation to the US$5 billion secured debt facilities for Fortescue Metals Group. + NSW Treasury Corporation on amending its A$10 billion Euro Medium Term Note Program. + Westpac Banking Corporation on the establishment of a warehouse residential mortgage-backed securitisation master trust program. + the bank syndicate to the Top Ryde City Shopping Centre and McGrathNicol as receivers and managers, during the course of the centre’s receivership, and on the successful process to sell the debt in the centre to The Blackstone Group L.P.

AWARDS Our Banking + Finance group advised on the Sydney Desalination Plant privatisation project, which was recognised as the Asia Pacific Infrastructure Deal of the Year at the 2012 Project Finance International Awards. We also advised on the Sunshine Coast University Hospital PPP project, which was recognised as the Asia Pacific PPP Deal of the Year at the same awards. We advised on the Mundaring Water Treatment Plant PPP project, which was recognised as the Asia Pacific Water Deal of the Year at the 2012 Project Finance Magazine Deal of the Year Awards. The same project was awarded the Government Partnership Excellence Award at the 2012 National Infrastructure Awards.

RANKINGS In Chambers Asia Pacific, 2012, B+F Partner John Schembri is ranked in Band 1 for Acquisition Finance, while Partner Dominic Emmett is ranked in Band 1 for Restructuring and Insolvency. In IFLR1000, 2012, B+F Partners Ros O’Mally, Nicholas Grambas, John Schembri and Duncan McGrath are recognised as leading lawyers. Alexander Danne is recognised as a rising star in banking and project finance.

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Corporate Advisory

Gilbert + Tobinâ&#x20AC;&#x2122;s Corporate Advisory (CA) group assists companies in completing significant and innovative corporate transactions. Over the past decade, the group has been involved in many of Australiaâ&#x20AC;&#x2122;s largest and most market-changing deals.

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Hiroshi Narushima, Partner

Their M&A people are just excellent and they can handle really major transactions. The experienced and seasoned Peter Cook is appreciated for his ‘commercial nous’ and for providing ‘excellent, strategic advice’. Chambers Asia Pacific, 2012 John Williamson-Noble has a high knowledge base and experience, and is easy to work with, insightful and creative with outcomes. Chambers Asia Pacific, 2012 The well-respected Andrew Bullock heads the department. He is described as having great business sense, with a balanced and measured way of understanding things. Chambers Asia Pacific, 2012

Elizabeth Hill, Lawyer + Georgina Willcock, Graduate Lawyer

We advise local and offshore companies and financial advisers such as private equity funds in local and crossborder acquisitions and disposals, joint ventures, IPOs, capital management strategies and capital markets activities. Our lawyers serve a diverse client base that includes listed companies in all sectors, investment banks, institutional investors, federal and state government agencies, large privately owned companies, private equity firms and other financial investors. 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 major Australian industries.

CROSS-BORDER NETWORKS We have longstanding and deep relationships with a number of leading overseas firms. Our international network includes the top New York–based US law firms; Magic Circle firms that don’t have Australian operations, such as Freshfields Bruckhaus Deringer, and Slaughter and May; and many other top-ranking international firms, including those which are part of the Slaughter and May network.

LEADERS IN M+A Our M+A partners are among the best in Australia, and the M+A team is one of the strongest in the Asia Pacific region. Our lawyers have a reputation for closing transactions in the face of significant challenges, and are regularly approached to act on Australia’s most difficult and strategic transactions. The M+A team’s reputation ensures Gilbert + Tobin attracts high-profile clients, including listed companies, investment banks, global private equity funds and institutional investors.

AUSTRALIA’S LEADING PRIVATE EQUITY PRACTICE The firm’s 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.

EQUITY CAPITAL MARKETS Our Corporate Advisory group includes one of the strongest equity capital markets teams in Australia, and a number of our partners are recognised as market leaders.

+ Telstra as a 50% partner in FOXTEL, on FOXTEL’s A$1.9 billion acquisition of AUSTAR, and on its sale of TelstraClear to Vodafone New Zealand, valued at A$750 million.

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.

+ GrainCorp in defending a takeover by Archer Daniel Midlands valued at A$3 billion; its A$302 million acquisition of the Gardner Smith Group; and its A$170 million underwritten placement and accelerated entitlement offer.

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.

+ Country Road on its A$192 million acquisition of the Witchery Group; and on its A$192 million renounceable entitlement offer. + CHAMP Private Equity on its A$199 million acquisition of a 33.2% stake in Miclyn Express; and its A$277 million acquisition of Gerard Lighting Group. + Nine Entertainment Co. on its approximately A$4 billion restructure by scheme of arrangement.

TAX SPECIALISTS 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.

CLIENTS WE WORK WITH + Pacific Equity Partners on its A$1.1 billion acquisition of Spotless Group by scheme of arrangement. + Steelmakers Australia Consortium on its A$3.2 billion proposed takeover of Arrium. + Dulux Group on its A$200 million hostile takeover offer for Alesco Corporation. + Silver Lake Resources on its A$426 million acquisition of Integra Mining.

CORPORATE ADVISORY CLIENTS Australia Post, The Blackstone Group L.P., The Carlyle Group, CHAMP Private Equity, Country Road, Dulux Group, GrainCorp, Hastings Fund Management, Nine Entertainment Co., NSW Treasury, Orica, Pacific Equity Partners, REMONDIS, Silver Lake Resources, Steelmakers Australia, Telstra, Wesfarmers and Westpac Banking Corporation.

RANKINGS In IFLR1000, 2013 Gilbert + Tobin’s M+A practice is ranked Tier 1. In Chambers Global, 2012 Gilbert + Tobin is ranked in Band 1 for Private Equity. Partners Peter Cook and Janine Ryan are ranked as leading lawyers for Capital Markets: Equity in IFLR1000, 2013.

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Energy + Resources

Chris Dalton, Lawyer

Gilbert + Tobin’s Energy + Resources (E+R) group advises on all aspects of clients’ 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 the sector, including oil and gas, energy and utilities, mining and resources, and renewable energy.

MINING + RESOURCES

OIL + GAS

RENEWABLE ENERGY

As well as being highly experienced resources lawyers, some of G+T’s partners have been non-executive directors of listed and unlisted exploration, mining and gas companies. This has given them firsthand experience of many legal and commercial issues.

The E+R 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 (both conventional and non-conventional), project development and commercialisation, structuring and financing, and joint ventures and strategic alliances. We also advise on a range of commercial contracts.

The commercialisation of alternative energy sources is a relatively new phenomenon in the Australian market. Gilbert + Tobin has a proven track record in this growing area and as a result of our involvement in this sector, we can anticipate the issues likely to arise in constructing and financing renewable energy projects. We provide renewable energy companies and wind farm investors with seamless, integrated advice and transaction management.

ENERGY + UTILITIES

The E+R group is involved in matters related to some of 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 regulated and unregulated port and rail infrastructure.

Our E+R 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, pearls, rare earths, salt, silver, timber and uranium. We have particular expertise in hard rock mining, oil and gas, and resources projects in emerging economies, primarily Africa. 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).

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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.

PORTS + RAIL

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 access regimes for port infrastructure.

A highly specialised group of people, focused on areas of true expertise. I don’t think we could have got better advice and service anywhere else. Chambers Asia Pacific, 2012 There is no doubt that Blakiston & Crabb’s integration with Gilbert + Tobin has strengthened the firm’s capabilities in the energy and resource space, particularly in mining. The Legal 500 Asia Pacific, 2012

It has depth of experience from partner level to mid-lawyer level and I would recommend it for energy and natural resources because it is technically very good. Asialaw Profiles, 2012

ENERGY + RESOURCES CLIENTS Apache Energy, Exxaro Resources, Finder Exploration Limited, Mincor Resources NL, Pluton Resources Limited, Premier Coal, Sundance Resources Limited and St Barbara Limited.

NATIVE TITLE AND LAND ACCESS We regularly advise energy and resources companies on Native Title processes involved in exploration tenure grants, negotiations for mining tenure grants, and the construction of mines and associated infrastructure. To ensure these companies develop a strong working relationship with traditional owners, we help our clients develop Indigenous cultural heritage protocols at the outset of each mining project. Our lawyers also advise energy and resource companies on access arrangements with private landowners and pastoral leaseholders for exploration and mining, as well as access and land tenure arrangements under State Agreements.

CLIENTS WE WORK WITH + Apache Energy on its joint marketing arrangements for the supply of gas from the Wheatstone, Macedon, Devil Creek and Varanus Island projects. + BP Australia, providing strategic advice on Native Title, Aboriginal heritage and land access issues associated with the construction of an onshore liquefied natural gas hub. + Canadian firm Fasken Martineau DuMoulin LLP on due diligence for the acquisition of royalties and related mining rights in New South Wales, the Northern Territory, Queensland, South Australia, Tasmania, Victoria and Western Australia. + Iron Ore Holdings Limited on the sale of its Koodaideri South iron ore project to Rio Tinto; the sale of its Phil’s Creek, Lamb Creek and Yandicoogina Creek projects to Mineral Resources; and its negotiations with Fortescue Metals Group on the Iron Valley project.

+ Newcrest (Fiji) Limited on negotiations for and the drafting of a State Agreement with the Republic of Fiji in relation to the Namosi Copper project. + Pluton Resources Limited on its acquisition of the Cockatoo Iron Ore project divestment and the related joint venture with Chinese investors. + Premier Coal on its coal supply contract with Iluka Resources. + Sundance Resources Limited on the execution of a State Agreement between the Republic of Cameroon and Cam Iron SA, a subsidiary of Sundance Resources Limited. The estimated value of the project is A$4.5 billion. + St Barbara Limited on the pending sale of Southern Cross assets. + Troy Resources Limited on the sale of its Sandstone project assets. ME.GTLAW.COM.AU

Angela Ha, Graduate Lawyer + Crispian Lynch, Partner

Litigation Gilbert + Tobin’s Litigation group acts for some of Australia’s biggest corporate names on high-stakes commercial disputes.

The group works across the gamut of dispute resolution services – from pre-litigation advice to strategically using or responding 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, the ACCC and offices of fair trading.

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REGULATED INDUSTRIES

CLASS ACTIONS

Our lawyers support clients in highly regulated industries on matters that involve complex regulatory requirements. Recent matters have involved telecommunications network access, gas transmission pipelines, electricity transmission networks and railways.

The Litigation group advises on class actions, which are firmly established in Australia’s litigation landscape. We are currently representing a group of eight companies on litigation in the Federal Court. The case is the first of its kind in Australia and is shaping up to be one of the country’s largest ever commercial disputes.

RESOURCES LITIGATION Gilbert + Tobin has one of Australia’s leading resources litigation practices. Our mining and resources specialists work with well-known companies in this sector, including BP Australia Limited, Fugro Survey Pty Limited, Gold Fields Australia, Iluka Resources Limited, OM Holdings, Paladin Energy Limited, Panoramic Resources Limited, Premier Coal Limited, Silver Lake Resources Limited, Marengo Mining Limited, Mincor Resources NL, Swan Gold Mining Limited, Rey Resources Limited, St Barbara Mines Limited and Sundance Resources Limited.

OUR APPROACH TO LITIGATION From the early stages of a dispute, we work to develop 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 ensures matters are properly handled in the pre-dispute stage and proceed appropriately if they become litigious. Our lawyers 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.

Partner Colleen Platford, who represented Google Inc. in its successful defence against the ACCC, said: “This is a benchmark case in Australia and internationally for online advertising practices, and the responsibility of website hosts for third-party content.” 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 Gilbert + Tobin's Litigation practice is pre-eminent within mining and petroleum. The Legal 500 Asia Pacific, 2013

CLIENTS WE WORK WITH + Google Inc. in the landmark High Court win in defence of legal action brought by the ACCC regarding its sponsored links AdWords system. + the Catholic Church’s Truth, Justice and Healing Council in the Royal Commission into Institutional Responses to Child Sexual Abuse. + RiverCity Motorway Group in a claim against a traffic forecaster, relating to the CLEM7 Tunnel in Brisbane. + Batelco, Bahrain’s largest telecommunications company, in a successful arbitration against the Telecommunications Regulatory Authority of Bahrain, challenging the imposition of a multi-million dollar fine for alleged contraventions of the Telecommunications Law of Bahrain. + Swan Gold Mining in litigation related to the Carnegie Gold Project in Western Australia.

+ Telstra on various issues related to its transition to the National Broadband Network environment. + BlueScope Steel on a contract dispute against Xstrata, which alleges that BlueScope agreed to purchase coal to the value of A$120 million and failed to take delivery.

+ NSW Police in a favourable settlement of a copyright dispute brought by software supplier Micro Focus. + a Big Four bank on a A$44 million claim against it for an alleged breach of contract, negligence and misleading conduct. + Betfair, a leading betting exchange, in a number of significant cases, including two sets of High Court proceedings on the constitutional validity of legislation seeking to prohibit betting exchanges, and fee conditions imposed by racing regulators.

Led by Partner Dianne Banks, the Employment team advises on all aspects of the employment relationship. It has been involved in a variety of cases in various tribunals and courts that specialise in employment, industrial and discrimination matters.

We also have a strong commitment to pro bono work, acting for numerous not-for-profit organisations and individuals who would not otherwise have access to legal advice.

+ F Hannan (Properties) Pty Limited on the continuation of complex construction disputes.

+ Rey Resources on litigation proceedings in the Western Australian Mining Warden’s Court, regarding the Canning Basin Coal Project.

Employment

The team provides advice on employment and industrial law from the commencement of employment to termination. Our clients come from various industries locally and overseas and include Adobe, Fujitsu, MGM, NSW Treasury, Red Rooster Foods, Universal Music and Warner Bros.

+ Brookfield Multiplex in its successful defence against owners’ corporations regarding the duty of builders to avoid causing economic loss.

CLIENTS WE WORK WITH + NSW Treasury, advising on the reform of NSW’s electricity network, and on the employment law implications and impediments of proposed structures for a single enterprise agreement covering current staff at the three energy distributors. + Universal Music, successfully contesting Fair Work Australia’s jurisdiction on two unfair dismissal claims brought by terminated employees.

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. Litigation Partners Colleen Platford and Steven Glass are listed in Best Lawyers, 2012.

Dianne Banks is the driver behind Gilbert + Tobin’s team, which is particularly active in Sydney. It recently provided corporate support to Pacific Equity Partners on its takeover of Spotless Group. The Legal 500 Asia Pacific, 2013

LEADERS IN EMPLOYMENT LAW In 2012 and 2013 Partner Dianne Banks won the International Labour Organization Client Choice Award for Employment and Labour in Australia, voted by corporate counsel around the world. She is also recognised by PLC Which Lawyer? and Asialaw Profiles, 2012 as a leading lawyer in employment.

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Gilbert + Tobinâ&#x20AC;&#x2122;s Intellectual Property (IP) group is one of Australiaâ&#x20AC;&#x2122;s leading IP practices. It regularly takes on some of the most exciting and challenging legal work in Australia, across major IP fields including copyright, trade marks and patents.

Anna Smyth + Will Aplin, Lawyers

Intellectual Property

THOUGHT LEADERS Gilbert + Tobin IP partners and lawyers are active thought leaders and contributors to 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 chapters, services and stand-alone IP texts in the fields of copyright, trade marks and patents.

DID YOU KNOW? All our IP partners are ranked as leading Australian IP lawyers in legal directories including Chambers Asia Pacific, Managing Intellectual Property, Asialaw Profiles and PLC Which Lawyer?.

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Gilbert + Tobin has a broad practice but is particularly strong in copyright matters. It acts for numerous music industry clients, and new wins included Samsung. The ‘highly knowledgeable and tenacious’ Michael Williams leads the team, which recently saw the return of Kate Harrison following a stint working for the Australian Government. The Legal 500 Asia Pacific, 2013

Michael Cooley, Lawyer

While the IP group is best known for its market-leading copyright practice, our trade mark and patent practices are expanding dramatically. The IP group’s diverse work touches on all major industry sectors – from content and technology to healthcare services, packing and mining.

EVOLVING MARKETS Clients choose Gilbert + Tobin because our IP lawyers are adept at navigating and adapting their legal services to changing industry conditions. We work for clients in rapidly changing markets including the music and film industries, and for major equipment suppliers such as Samsung. Our clients include leading internet companies including Google Inc., as well as technology companies and manufacturers at the forefront of their market sectors.

PATENT LITIGATION The IP group is acting in a number of patent infringement cases before the Federal Court. One of those cases involves Pact Group, a leading Australian packaging company. Pact Group’s main competitor is pursuing it for patent infringement, 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 are currently being considered by the German and UK Supreme Courts. Another patent case involves an infringement claim relating to mining drilling technology for a Western Australian client. That case is expected to test the innovation patent regime and the relief granted for infringement of innovation patents.

COPYRIGHT LITIGATION Gilbert + Tobin continues to run Australia’s leading cases in copyright, including the 2012 iiNet High Court case. The much-anticipated decision affirmed the reasoning from the previous decisions our IP group obtained from the courts in the Cooper and Kazaa cases. However, the High Court drew a line across the issue of the authorisation liability of intermediaries, and iiNet succeeded.

The group continues to work with a number of clients on submissions to the Australian Law Reform Commission enquiry into the scope of exceptions and licences in the digital environment. This is the most significant investigation of copyright in many years and follows similar reviews that occurred in Canada and the UK.

TRADE MARK LITIGATION In late 2011, Gilbert + Tobin secured a big win on behalf of Primary Health Care, on appeal to the Federal Court of Australia, against its competitor Symbion. G+T helped Primary Health Care’s subsidiary, Idameneo, successfully defend the trade mark infringement claim at trial and successfully appeal 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 in specialised markets such as the medical diagnostic field. We are also working on a range of other trade mark and domain name enforcement work, particularly in the online environment, for a number of international clients in fields as diverse as electronics, financial services and membership organisations.

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. We also continue to work on disputes involving false endorsements and appropriation of celebrities.

CLIENTS WE WORK WITH + Samsung in proceedings against its Korean electronics rival, LG, one of the largest challenges to consumer product advertising heard in Australia in recent years. The case concerns LG’s advertising campaigns for its 3D televisions in Australia, with potential worldwide ramifications. + Roadshow Films in the first case of its kind in the world – the precedent-setting litigation in the High Court of Australia related to copyright infringement and the responsibility of Australian internet service providers. This is one of the most important copyright infringement cases run in the last decade. It is the first case to test the full extent of the law of authorisation under Australian copyright law in the digital environment.

+ Energizer in a range of advertising and regulatory work across its battery, razor and sun care products, as well as false advertising litigation in the Federal Court. + Imdex, a manufacturer of drilling fluids and chemicals, in patent infringement proceedings, and in defence of an ‘unjustified threats’ action on a scale without precedent in Australia. + the Australian Recording Industry Association (ARIA) and PPCA, the representative bodies of the Australian recording industry, in Copyright Tribunal proceedings involving FOXTEL, full Federal Court proceedings involving the scope of the broadcast right, and a constitutional challenge in the High Court of Australia. + Armando Christian Pérez (stage name Pitbull) an award-winning American rapper, songwriter and record producer, in defence of a breach of contract brought by an Australian music promoter in the NSW Supreme Court. We also acted in copyright proceedings in the Federal Magistrates Court, which concluded with the leading decision on moral rights infringement. + Aristocrat Technology in a major copyright infringement action in the Federal Court, which is currently on appeal before a full bench of the High Court of Australia for hearing in March 2013. + Pact Group in major patent, trade mark and trade practices litigation, which is testing the limits of patent rights and patent exhaustion in Australia in the case of mechanical patents. + The Weather Channel (US) in a Federal Court dispute with XYZ Networks Pty Ltd over the trade mark ‘The Weather Channel’. + Trade mark and domain name work for a wide range of clients including the Academy of Motion Picture Arts and Sciences, Aristocrat Technology, Bank of America, Cantarella, Citigroup, Nutricia (Group Danone), Diners Club, Google Inc., NRMA, Primary Health Care, Red Bull, Telstra and Turner Broadcasting.

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Dominic Emmett, Partner

Whatâ&#x20AC;&#x2122;s it like working as part of a team on a big transaction? We spoke to three teams that worked on multi-million dollar projects. They lift the lid on how project teams interact and whatâ&#x20AC;&#x2122;s involved in delivering corporate law services on a day-to-day basis.

Banking + Finance

Nine Entertainment Co. In 2012, when Australia’s most popular commercial TV and entertainment network needed help pulling back from prospective receivership, its board called on Gilbert + Tobin. Rachel Launders, Partner

HOW DID G+T BECOME INVOLVED?

WHAT WAS THE MOST CRUCIAL STAGE?

We spoke to Partner Dominic Emmett and Consultant Sarah Worrall, who describe the negotiation process that goes on behind closed doors when billions of dollars are at stake.

Dominic: It was a confluence of events. The firm has advised Nine for many years. At the end of 2011, a client I’d worked with previously recommended me to the board. Given that connection, the board approached Gilbert + Tobin for assistance. The negotiations started in December 2011 and built up slowly.

Sarah: In October the negotiations went down to the wire. Nine was able to facilitate discussion to broker the agreement using the results of the due diligence, which illustrated the value of coming to an agreement – as against formal insolvency – for the equity investors, senior and mezzanine lenders.

WHAT DID THE TRANSACTION INVOLVE?

HOW DID YOU CHOOSE YOUR TEAM?

Dominic: Unusually for a restructuring, Nine’s management, Gilbert + Tobin and Macquarie Capital – Nine’s financial advisers – had to go out of their way to bring Apollo, Oaktree, Goldman Sachs and CVC to the negotiating table to reach a consensus.

Over a 12-month negotiation period, the firm’s restructuring specialists guided Nine Entertainment Co. and its board through an approximately A$4 billion recapitalisation, including the court approval process.

Dominic: In stages between 2006–08, CVC Capital Partners, a private equity firm, bought Nine Entertainment Co. for approximately A$2 billion, as well as approximately $3.6 billion of debt. In 2012, it sought to refinance approximately A$3 billion of senior debt that was set to mature in February 2013. Apollo and Oaktree, the US-based distressed debt funds that owned around 40% of Nine’s A$3 billion senior debt, sought a 100% senior debt-for-equity swap. CVC as well as Goldman Sachs, which owned 18% of the approximately A$1 billion mezzanine debt, both didn’t accept that proposal. Initially, they sought to refinance the A$3 billion senior debt and share 50% of the equity in Nine Entertainment Co. Over time, Goldman Sachs and CVC suggested they receive 30% of the equity, leaving 70% of the equity for the senior debt lenders, including Apollo and Oaktree. As the board of directors would be personally liable if Nine became insolvent, we had to do everything we could to ensure the restructure was successful. We also had to get all parties to come to an agreement before the debt matured.

Dominic: Restructuring matters get the whole firm together – it was a firm-wide transaction. Sarah was instrumental in leading the due diligence that would form the crucial basis of the debt restructure negotiations. Partner Rachel Launders was also instrumental in that process, given her years of experience working at Nine as in-house counsel.

WHO WORKED ON WHAT? Sarah: Rachel and I co-ordinated the due diligence process and we were assisted by Lawyers Nicholas Edwards, Jordan Kent, Vicki Aron and Kate Merrifield, among others. We had to assess the potential impact of receivership on every Nine contract. From December 2011 to September 2012 we reviewed approximately 400 contracts including commercial, IT and property contracts, and sports licences. We had a team of around 12 clerks, and junior and senior lawyers analysing contracts at different points during this time.

Sarah: PPB, the potential administrator, was literally on standby. We had them sitting in the G+T foyer so that everyone walking into their meeting room would see them! It reminded all the parties of what was at stake. In addition, KordaMentha, on behalf of the senior debt lenders, was on standby to become the receiver.

WHAT WAS THE END RESULT? Sarah: On 17 October, the senior debt lenders, including Apollo and Oaktree, agreed to take a 95.5% equity stake. Goldman Sachs and other mezzanine debt funders took a 3.75% equity stake, and CVC took a 0.75% equity stake in a recapitalised Nine. Dominic: Nine’s CEO David Gyngell was elated – his wife gave birth to their first child the night before, so I don’t think he’d slept at all. In the end we achieved the best possible outcome for Nine, and nobody walked away empty-handed.

Energy + Resources

Sundance Resources Limited

construction of Cameroon’s first iron ore mine, deep-sea port terminal and 500-kilometre railway to transport the iron ore extracted from the mine. Callista: The mining convention sets out the legal, tax and financial terms and conditions under which Cam Iron, the Cameroonian subsidiary of Sundance Resources, will develop and operate its mine, railway and port in Cameroon.

HOW DID G+T BECOME INVOLVED? Michael: I’m on the Sundance board of directors and have advised the company for many years. I was also very close to a number of the guys on the board who died in a plane crash in the Congo in 2010. It was out of a sense of duty to them and their families that I wanted to make sure this project was successful.

On 29 November 2012, Cam Iron SA, a subsidiary of Sundance Resources Limited, signed a mining convention with the Republic of Cameroon. The convention will help establish the US$4.5 billion Mbalam Iron Ore Project, which straddles the border of the Republic of Cameroon and the Republic of the Congo in Central West Africa. Sundance Resources is an international iron ore exploration and development company based in Perth and listed on the Australian Securities Exchange. We spoke to Partner Michael Blakiston, and Lawyers Callista Barrett and Cassandra Hay, who advised Sundance Resources on the transaction.

WHAT DOES THE PROJECT INVOLVE? Michael: The Mbalam Iron Ore Project is one of the largest and most complex integrated mining and transportation infrastructure projects in Africa to date. It includes the

HOW DID YOU CHOOSE YOUR TEAM AND DIVIDE THE WORK? Michael: In the lead-up to the signing in November 2012, I spent several months flying back and forth between Perth and Cameroon for the negotiations with the government on behalf of Cam Iron. I needed help on the ground in Perth, so I asked Cassandra and Callista to assist with the preparation of documentation. Cassandra: Almost everyone in the Energy + Resources group has been involved in the Sundance transaction at one time or another. It was a great team-building experience. Callista: We worked closely with the Paris office of the US firm Shearman & Sterling – which advised Sundance on the Francophone aspects of the convention. The negotiations saw us working with US-based firm, Patton Boggs, and French firm Gide Loyrette Nouel – both of which were advising the Government of Cameroon. We had great help from summer clerk Julie Lagesse, who assisted with research and translation of French documents.

WERE THERE ANY NAIL-BITING MOMENTS DURING THE NEGOTIATIONS? Michael: I’ve worked in African countries for more than 20 years but I never make assumptions. One thing many people don’t realise is that most regions are still very tribal. In negotiations and business, people can be influenced by their tribal alignments, which don’t always follow geographical boundaries. It sometimes made the negotiations even more complex.

WHAT DID YOU ENJOY MOST ABOUT WORKING ON THIS MATTER? Michael: The signing of the convention was a significant event. I flew to Yaoundé, the capital of Cameroon, to be there with the Sundance Resources executives and government advisers. The project will have enormous flow-on economic and social benefits for the people of Cameroon. It’s the culmination of six years of hard work and collegial efforts between all parties involved. My attention has now turned to the 50+ project documents that are required, together with a mining convention in the Congo, so we’ll be really busy for the next 15 months. Cassandra: It’s actually pretty surreal when you stop and think about it … Sitting in a meeting with Sundance’s operational guys, and helping them decide how to run an integrated port and rail iron ore infrastructure system on the other side of the world. It’s been very exciting! Michael Blackiston, Partner

Corporate Advisory

TelstraClear New Zealand On 31 October 2012, Telstra Corporation completed the sale of TelstraClear – New Zealand’s second-largest telecommunications company – to Vodafone New Zealand.

Shelley: My role involved pulling together all the relevant data for the purchaser to review. I had about 12 junior lawyers from the Sydney, Melbourne and Perth offices helping me. We scaled the size of the team up and down depending on what our requirements were. At one stage, we had about 30 to 40 people during the really intense phases of due diligence.

WERE THERE OTHER PARTNERS INVOLVED? Bill: Yes, the structure of the team evolved as the transaction progressed. For example, once it sold TelstraClear, Telstra had to have a long-term partnering agreement in place with Vodafone to service Telstra’s trans-Tasman clients. It was a complex set of commercial arrangements to document, so Partner Cameron Whittfield, who has a long-standing relationship with Telstra, stepped in to manage the process. It was a very demanding negotiation – designing arrangements to allow Telstra and Vodafone to work effectively together and manage the trans-Tasman needs of large corporations raised some unique issues.

ANYONE ELSE?

Gilbert + Tobin worked with Telstra Corporation on the sale, forming a cross–practice area team that included partners and lawyers from our Competition + Regulation, Corporate Advisory, Real Estate + Projects, and TMT + Project Services groups.

Bill: Partners Peter Waters and Simon Snow worked on the competition law aspects of the transaction, and Partner David Clee assisted me on the corporate advisory side. He worked on the sale documentation and conducted detailed drafting reviews with Shelley, so I was free to do the negotiations and deal with the big commercial issues.

We spoke to Partner Bill Spain and Lawyer Shelley Burger, who describe the processes and work involved in the NZ$840 million transaction.

Shelley did such a terrific job working with Telstra’s in-house counsel in Auckland, I asked her to get involved in the commercial negotiations.

WHAT DID THE TRANSACTION INVOLVE?

Shelley: Working on this matter broadened my skill set and getting involved with the commercial negotiations had definitely improved my career. I’d do it again in a heartbeat.

Shelley: In 2011, Vodafone Group in the UK approached Telstra and said it was interested in acquiring TelstraClear. So essentially, it was a classic M+A transaction but with a crossjurisdictional twist – an Australian company selling a New Zealand company.

HOW DID G+T WIN THE WORK? Bill: We’ve worked for Telstra for many years and have built up a strong relationship with them. They asked us to put in a bid to advise them on the deal. Even though we don’t have a New Zealand office, our pitch was successful not just on price, but also because our core M+A skills and our deep telecommunications expertise were compelling.

HOW DID YOU CHOOSE YOUR TEAM? Bill: We tailor each team to the requirements of the transaction, so the first step is to map out who will manage what. I needed people with knowledge of the telecommunications industry in relation to due diligence and the company’s asset base; property law, because TelstraClear uses a lot of property in New Zealand; and competition law, because the sale had to be cleared by the New Zealand Commerce Commission, which is their equivalent to the ACCC.

WHO WORKED ON WHAT? Bill: Telstra has a very large in-house legal team, so their primary lead in-house lawyer spent a lot of time in Auckland. But because the due diligence process was so complex, we also needed someone on the ground in Auckland to manage it. I asked Shelley to be the lead lawyer on due diligence. She went back and forth between Auckland and Sydney for about four months.

Bill Spain, Partner + Shelley Burger, Lawyer + David Clee, Partner

Real Estate + Projects Gilbert + Tobin’s Real Estate + Projects (REP) 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.

Bhavini Sundarjee, Lawyer

The Real Estate and Projects lawyers ‘understand our requirements, show professionalism and diversity, are responsive and provide a fast turnaround’. Chambers Asia Pacific, 2012 PROPERTY Our dynamic team of property lawyers works on a very broad range of property matters encompassing mixed-use greenfields projects and redevelopments; industrial projects; commercial, industrial and retail leasing; infrastructure projects; telecommunications projects; and water rights. To ensure these transactions run smoothly, the team collaborates closely with corporate, finance, litigation and tax experts across the firm. Unlike most property practices, our property lawyers advise on matters in all states and territories and their diverse client base includes developers; construction companies; investors; financiers; fund managers; federal, state and local government bodies; renewable energy companies; and communications and media operators.

PLANNING + ENVIRONMENT Our planning and environment lawyers advise on planning, contamination, climate change, water and renewable energy. They assist clients with varied development approvals including major projects, and provide strategic advice on environmental assessments. 16

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The group works closely with lawyers in other practice groups on planning and environment matters across a number of areas, such as coal mine and farm acquisitions, remediation of contaminated land and significant renewable energy projects in Australia.

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. Our construction lawyers advise clients on financing, constructing, connecting and operating biomass plants, wind farms, solar energy fields (thermal and photovoltaic), and on NABERS and Green Star ratings.

TECHNOLOGY Gilbert + Tobin has particular expertise in advising on the property tenure, construction and operation of data centres and other technology buildings. Our group works closely with our leading technology law specialists to provide advice on establishing and delivering technology real estate.

CLIENTS WE WORK WITH + Digital Realty, the largest data centre operator in the world, on the design, construction and leasing of its data centres in NSW and Victoria. + Fotowatio Renewable Ventures, a leading global solar energy developer, on the property, environmental and climate change aspects of the Royalla Solar Farm Project in the ACT. Once in operation, Royalla Solar Farm will be Australia’s largest photovoltaic solar project. + Telstra on the property and environmental aspects of its exit from a national joint venture with Vodafone Hutchison Australia, involving more than 2,000 sites across Australia. + receivers and managers of Top Ryde City in Sydney, on due diligence and the proposed sale of the shopping centre. + REMONDIS on the environmental aspects of the acquisition of the waste management division of Thiess Services.

Industry focus Gilbert + Tobin advises leading domestic and international organisations on transactions that affect and shape the market, across a broad spectrum of dynamic 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 Our Third Sector Advisory practice provides specialist advice to charitable and not-for-profit organisations including large and small charities, community groups, corporate foundations, individuals, industry associations and private families. 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 and India mean the coming years will provide historic opportunities and challenges for energy and resources companies and investors.

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 liquefied 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 energy (conventional and renewable), health, transport (rail, roads and ports), telecommunications, and water and wastewater 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.

GOVERNMENT

members of our team who have held senior positions with governments and regulatory bodies. This gives us invaluable insight into our clients’ perspectives. We help achieve clients’ policy objectives by forming multi-disciplinary teams that incorporate lawyers from different groups including Corporate Advisory, Competition + Regulation, IP, Litigation, Real Estate + Projects, and Technology, Media and Telecommunications + Project Services.

WATER Gilbert + Tobin is actively involved in the water reform agenda. We provide innovative, forward-thinking and commercial legal advice to prospective 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 in relation to ongoing policy and legislative changes that will affect 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.

We have supported government agencies from around the world for many years, on a variety of public sector projects. Our government advisory experience is enhanced by ME.GTLAW.COM.AU

TMT + Project Services

Linda Luu + Alison Willis, Lawyers

Technology and telecommunications work was a foundation of Gilbert + Tobin’s practice when the firm began in 1988. We now boast one of the largest telecommunications, media and technology (TMT) legal teams in the country, with around 50 specialist lawyers. TECHNOLOGY The Technology group advises on a broad range of technology and outsourcing contracts. Its core expertise lies in complex and enterprise-wide 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 initatives; and post-merger integration. The group also assists with the critical-risk aspects of technology contracts that lawyers often don’t get involved in, such as pricing, service-level agreements and service catalogues. This deep involvement allows the group to develop more relevant and innovative approaches to client service. 18

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WORKING IN THE CLOUD Gilbert + Tobin has end-to-end cloud computing project experience with vendors and customers. This includes advising on issues such as data security, software licences, regulatory compliance and procurement.

E-PAYMENTS The group uses its strong regulatory expertise to help clients design and deliver online payment systems, while navigating the complex, evolving regulatory environments in Australia and overseas. We advise local and international communications companies and financial services firms on a range of online and mobile payment schemes and remittance-related technology procurements.

MEDIA, CONTENT AND DATA Our content, data and media experts advise on digital content, new media, privacy and data analytics issues. Gilbert + Tobin has unrivalled expertise and experience in the Asia Pacific region advising on the acquisition, distribution and licensing of digital content in new and traditional media; social media and digital platform issues; and data aggregation, analytics and cloud-based deployments. This experience ranges from acting for technology start-ups on all aspects of their growth, through to the commercial and corporate structuring of large cross-border deals in the Asia Pacific region. We also project manage international and local taxation, employment, competition, communications regulation and other regulatory and legal aspects of such deals.

Our talented team comprises lawyers with experience in joint ventures and commercial structuring in content and data deals, as well as those specialising in technology contracting and systems integration. Many of our lawyers also have experience in ancillary regulatory fields such as media and communications, content classification and clearance, privacy, data protection, competition, payments and anti money–laundering law.

DATA PROTECTION Our team advises public and private sector clients on the application of Commonwealth and state privacy data protection, interception and security laws; risk issues arising from 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 dates back to before the commencement of the private sector privacy provisions in the Privacy Act 1988 (Cth). We advise on commercial transactions for data mining companies and all aspects of privacy law (including contracting terms and risk analysis). We also regularly help our clients develop, implement and review their privacy compliance programs.

They put together a great team which is innovative and work with in-house counsel and business partners to deliver results. Chambers Asia Pacific, 2012 A very strong, well-respected firm with a very commercial, focused approach. Chambers Asia Pacific, 2012 The team is excellent, very pragmatic and has a good sense of humour. Asialaw Profiles, 2012

Simon Burns, Lawyer

TELECOMMUNICATIONS Our communications specialists work on a mix of regulatory and commercial matters. The group advises on domestic and international telecommunications issues, including infrastructure development, access and sharing; regulatory design and strategy; spectrum licensing: outsourcing and commercial arrangements; acquisitions, joint ventures and alliances; licensing and compliance; digital business; electronic marketing strategies; net neutrality; and dispute resolution. We also work on issues involving convergence and new media, such as IPTV and mobile streaming.

PROJECT SERVICES

+ Astro on IPTV services and distribution arrangements in Malaysia. + Hometrack, a UK company, in relation to its joint venture with Residex Australia. We negotiated agreements for the licensing – from both shareholders – of the trade marks, software and other technology necessary for the operation of the joint venture business. + Google Inc. on content issues related to copyright, privacy and data protection, access by law enforcement agencies, and limiting access to obscene and objectionable content.

TELECOMMUNICATIONS

Gilbert + Tobin’s Project Services team provides high-level strategic legal advice and support on some of Australia’s most complex projects. As skilled contract negotiators, we work with clients on risk analysis and management, stakeholder management, transaction and project due diligence, and project documentation.

+ Telstra on negotiating and implementing arrangements for establishing the National Broadband Network and redesigning Australia’s telecommunications regulatory regime.

CLIENTS WE WORK WITH TECHNOLOGY

+ PT XL Axiata, one of the largest mobile operators in Indonesia, on its ongoing acquisition of various complex, large-scale services and products from international equipment vendors and service providers.

+ Westpac Group on its IT and telecommunications transformation program. + Qantas on its current and future IT sourcing strategy. + 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.

MEDIA + Home Box Office on content deals with Apple, Time Warner, Turner Broadcasting, Nine Network and Sony Universal.

+ Maxis Communications Berhad on an IPTV partnership with Astro, and Malaysia’s first active 3G Radio Access Network sharing agreement.

+ World Bank on telecommunications liberalisation and international best practice in East Timor.

PROJECT SERVICES + Transport for NSW on its procurement of an integrated public transport ticketing system (Opal Card) for the greater Sydney region. + an Australian subsidiary of CITIC Pacific, a Hong Kong– listed mining company, on the design, development and negotiation of multi-sourced vendor arrangements for a A$5 billion mining project in Western Australia.

+ BlueScope Steel on industrial gas supply arrangements for its Port Kembla steelworks and associated supply contract structuring. + EFTPOS Payments Australia on the sourcing and implementation of new card chip technologies in collaboration with an international manufacturer.

INTERNATIONAL FOCUS Gilbert + Tobin’s experts run international matters from the firm’s Australian offices and meet with international clients whenever they are needed. Some of the group’s recent matters have involved clients based in Bahrain, China, Indonesia, Malaysia, Singapore, Thailand and the United Arab Emirates (Dubai).

RANKINGS AND AWARDS Gilbert + Tobin achieved a Tier 1 ranking for TMT, and six of our TMT partners are recommended by The Legal 500

Asia Pacific, 2013. We received a Band 1 ranking for TMT and five of our TMT partners are recognised as key individuals in

Chambers Asia Pacific, 2012. Best Lawyers Australia, 2012 recognised four of our TMT partners as leaders in their field. Partner Sheila McGregor was recognised as a leading professional in TMT by the 2012 Euromoney Legal Media Group Australasia Women in Business Law Awards. Peter Leonard was named Communications Ambassador at the 2012 Communications Alliance and CommsDay Awards. He is the first practising lawyer to be given this honour. ME.GTLAW.COM.AU

Competition + Regulation Gilbert +Tobin’s Competition and Regulation (C+R) group is Australia’s pre-eminent competition practice. The firm’s successful track record on high-stakes transactions and litigation means we consistently attract the most complex and cutting-edge work from local and international clients.

With more than 30 lawyers, including nine partners, our C+R group is one of the largest in Australia. Our lawyers are general competition law practitioners dealing with ACCC matters, and each has a government policy and regulatory law focus in one or more specific industries. The group provides clients with critical transactional and regulatory advice that has shaped a broad range of industries, including 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 merger clearance, transaction structuring, regulatory compliance, litigation, and conducting and defending investigations, as well as providing general competition advice.

FINANCIAL SERVICES Partners and lawyers in C+R have a great depth of experience providing financial services regulatory advice on compliance with APRA, ASIC, ASX and Reserve Bank regulations and industry codes. We work closely with industry groups such as the Australian Bankers’ Association and the Australian Payments Clearing Association to develop policy reform initiatives that directly affect the financial services industry.

We regularly work on some of the world’s most complex and contentious global merger clearances and cartel matters. We have experience as co-ordinating counsel on international cartel investigations and prosecutions, as well as on multi-jurisdictional mergers, where we’ll often collaborate with other independent firms. The C+R group teams up with other Gilbert + Tobin practice areas to provide a full service offering to our clients. For example, we collaborate with the Corporate Advisory group to obtain ACCC clearance for mergers, acquisitions and joint ventures. We have a strong track record in resolving the ACCC's competition concerns while securing favourable outcomes for our clients.

Alistair Schaefer, Summer Clerk

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TRANSPORT + LOGISTICS The C+R group acts for airlines, government agencies, investors, financiers, stakeholders and users involved in many of Australia’s most important transport and logistics 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. We also advise a number of airlines in establishing international alliances and in relation to enforcement proceedings.

Gilbert + Tobin has established a reputation as a game changer, and is continuing to expand its cutting-edge instructions for a range of significant corporate clients including Caltex, Westpac, Nine Entertainment, Samsung, Telstra and recently Wesfarmers. Market sources acknowledge that the team is strong across the whole spectrum of competition issues. Global Competition Review, 13th edition

Jennifer Sing Key, Lawyer

ENERGY + UTILITIES Gilbert + Tobin is the market leader in energy and utilities regulation, having worked on transactions that have transformed 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. In the electricity sector, the C+R group’s experience in the merits review of revenue and pricing determinations before the relevant appeals bodies is second to none.

CLIENTS WE WORK WITH COMPETITION + Malaysia Airlines and its cargo subsidiary, and Thai Airways, in Federal Court proceedings commenced by the ACCC in an alleged price fixing of air cargo–related surcharges. + Bertelsmann on the Random House and Penguin joint venture, which will combine two of the world’s biggest English-language book publishers. + Nutricia (Group Danone) on various competition matters. + Caltex Australia Petroleum on strategic competition issues including obtaining clearance for acquisitions in Gladstone and Adelaide, and the successful defence of an access declaration application for a Sydney Airport jet fuel pipeline. + Virgin Australia on all aspects of competition law, including the clearance application for the proposed Tiger Australia joint venture. + Nine Entertainment Co. on a number of commercial and regulatory disputes, as well as providing pre-litigation

advice. Most recently, we advised Nine on its successful bid for the 2013–18 broadcast rights for the National Rugby League. + FOXTEL as the competition advisers to Telstra (50% owner of FOXTEL) on FOXTEL’s joint venture bid for AUSTAR. We addressed competition issues related to Australia’s telecommunications and broadband markets, necessary to obtain clearance for the transaction.

+ APA Group as an intervener in a merits review of the decision of the Economic Regulation Authority (Western Australia) regarding the Dampier to Bunbury Natural Gas Pipeline. + APA GasNet on the preparation of revisions to its access arrangement for 2013–18. + ElectraNet on the preparation of a revenue proposal for 2013–18.

+ Samsung on a range of competition law issues.

REGULATION + Telstra as the lead competition and regulatory adviser on the National Broadband Network, which involved the largest and most complex competition law restructure in Australian history. We obtained approval for the Telstra structural separation undertaking required under the Australian Government’s National Broadband Network legislation. G+T is also the lead regulatory adviser to Telstra on issues arising under the telecommunications access regime, including pricing matters.

C+R RANKS HIGHEST IN AUSTRALIA

+ Australian Bankers’ Association on implementation issues related to the Australian Government’s fee-free ATM arrangements for remote Indigenous communities, including negotiating an agreement between banks and ATM providers, and obtaining necessary clearances from the ACCC and the Reserve Bank.

C+R CLIENTS

+ Energy Networks Association on the proposed changes to the National Electricity Rules and National Gas Rules.

The C+R group has been acknowledged by numerous independent publications and directories both locally and overseas. For the past five years, G+T received the highest possible rankings in Chambers Asia Pacific, The Legal 500 Asia Pacific, Global Competition Review and PLC Which Lawyer?.

Air New Zealand, Amazon, APT Management Services, Australian Bankers' Association, Bahrain Telecommunications Company, Bertelsmann, Bow Energy, Caltex Australia, Conquest Mining, EFTPOS Payments Australia, Energy Networks Association, Ingersoll Rand, Jemena Electricity Networks, Malaysia Airlines, Nine Entertainment Co., NSW Police, Nutricia (Group Danone), Origin Energy Limited, Queensland Competition Authority, Samsung, Telstra, Thai Airways, Virgin Australia, Wesfarmers and Westpac.

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Pro Bono If you don’t fight, who will? Lawyers are the housekeepers of the legal system. It’s our responsibility to ensure that the system is just and equitable, and that everyone in our society has access to justice.

Gilbert + Tobin is a pro bono pioneer; we appointed Australia’s first full-time in-house pro bono lawyer in 1996. Most of our lawyers work on at least one pro bono matter each year. In 2008, the firm broke new ground again when we appointed Michelle Hannon as our first full-time partner responsible for pro bono. 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 2011–12, the firm completed more than 14,300 hours of pro bono work — an average of 54 hours per lawyer — conservatively valued at over A$4.5 million.

The Pro Bono group has a particular focus on Indigenous issues, people with disabilities, refugees and human rights matters. We engage in test and public-interest litigation and advise on corporate governance issues for NGOs. As well as taking on individual cases in areas as diverse as credit and debt, discrimination and victims’ compensation, the group takes on policy work and conducts community legal education.

BRINGING HUMAN RIGHTS TO THE HIGH COURT

OUTREACH PROGRAMS

We argue that in the assessment of whether to revoke his visa, the Australian Government must take into account that he is at risk of persecution or death if he returns to his homeland (although the legislation concerned is silent on this point).

The Pro Bono group provides advice at the Marrickville Legal Centre and the Matthew Talbot Homeless Shelter on a weekly basis. Gilbert + Tobin also acts for several Indigenous organisations in Cape York, Alice Springs and other remote regions.

In addition to the commitment our lawyers make to the Pro Bono practice, opportunities arise for graduates and lawyers to participate in a dedicated placement within the Pro Bono group.

The Pro Bono group is currently representing a refugee, who has lived in Australia for more than 10 years on a temporary protection visa, in his fight to avoid deportation. Our client faces deportation for breaching a condition of his visa – namely that he committed criminal offences punishable by more than a year’s imprisonment.

The matter raises the fundamental human rights issue of how to balance Australia’s international human rights obligations to an individual and his right to life, against the protection of the local community from his criminal behaviour. The High Court has granted special leave to hear the argument in April 2013.

DAVID HICKS, GUANTANAMO AND DUE PROCESS Some people think he was a bad person, some think he was a foolish person, and some think he’s a perfectly fine young lad. Whatever your view, he’s never had the claims made about him – namely that he participated in terrorist training overseas – put before a properly constituted court and had them tested according to the rule of law and fair process. That’s the point we were making with these proceedings. Steven Glass, Partner, Litigation

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A team led by Partner Steven Glass successfully defended David Hicks on an application by the Commonwealth Director of Public Prosecutions (DPP) under the Proceeds of Crime Act 2002 (Cth) to confiscate the money that David was paid for his book, Guantanamo: My Journey. The case was listed for a voir dire in the NSW Supreme Court on 30 July 2012 to determine the admissibility of the plea agreement David made with the Guantanamo Military Commission, when he pleaded guilty to material support for terrorism. Gilbert + Tobin filed extensive evidence that David’s guilty plea was procured by duress, due to the harshness of the detention, the unfairness of the Commission’s process, the lack of access to legal representation, and the fact that detention was likely to be indefinite even if there was an acquittal. On 24 July 2012 the Commonwealth DPP announced that it would discontinue the proceedings.

The order freezing David’s bank account was lifted, and he could once again access the proceeds of his book. A US Supreme Court recently declared that the law under which David Hicks was convicted in the US, which was applied retrospectively to him, cannot be applied retrospectively.

In 2011–12

the firm completed more than

conservatively valued at over

Michelle Hannon, Partner

I’ve been lucky enough to complete my first graduate rotation in the Pro Bono group. It’s been an amazing experience for someone in their first year of practice – I’ve worked with disadvantaged and marginalised clients, as well as barristers, interpreters, case workers and a number of G+T lawyers and partners.

I’ve assisted clients of the firm’s refugee practice and at the Homeless Persons’ Legal Service, and worked on victim compensation applications. I’ve helped draft constitutions and provide tax and administrative law advice for organisations, and worked on matters that have proceeded to litigation.

Corporate Social Responsibility 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, 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. Our Reconciliation Action Plan (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:

+ supporting an Indigenous Employment Strategy that includes places for Indigenous people in non-legal roles and an Indigenous Cadetship Program for law students

It’s an invaluable learning experience as well as a unique opportunity to explore the pro bono culture at Gilbert + Tobin, and more broadly, across the legal profession. It’s been a really fun year working with such a great team. Catherine Ellis, Graduate Lawyer

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.

+ prioritising pro bono support for Aboriginal and Torres Strait Islander individuals and organisations + hosting visits from Indigenous university students, especially from the University of New South Wales Indigenous Winter School + providing financial support for a number of Indigenous community organisations including the Tribal Warrior Association, National Indigenous Youth Leadership Academy and Mudgin-Gal Aboriginal Corporation + supporting Indigenous economic development by procuring products from ‘Supply Nation’–certified Indigenous businesses.

COMMUNITY PROJECTS We fund a number of projects nominated by staff members. The projects we currently support are: + Football United, a community organisation providing social and sporting networks for young refugees. + Sydney Sings, a Sydney city community choir. G+T pays for a number of places in the choir that are used by staff, and community members who can’t afford a spot.

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Career opportunities Are you ready to make the smart career choice? Before I joined G+T I took a gap year and worked as an associate to Chief Justice French on the High Court of Australia. This was an amazing experience which gave me the chance to work closely with the country’s leading legal minds and develop an intimate knowledge of court process. I’ve put this experience to good use working in the Litigation group. Everyone at G+T was extremely supportive of my decision to take a gap year between my clerkship and rejoining the firm, and I was able to tailor my start date at G+T to fit with my High Court commitments. Grace Keesing, Graduate Lawyer, Litigation

Grace Keesing, Graduate Lawyer

Gilbert + Tobin offers you unique opportunities to work with some of Australia’s best and brightest legal minds. G+T has an open-minded, energetic culture. We value the contributions that everyone makes to the firm, whatever stage you’re at in your career.

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LIVE AND WORK ABROAD

FLEXIBLE ARRANGEMENTS

The international nature of our practice means our lawyers often work abroad and collaborate with peers from other leading independent firms. Many of our lawyers also take the opportunity to live and work overseas via secondments or a leave of absence. Gilbert + Tobin’s strong relationships with other leading firms means we can co-ordinate or facilitate these opportunities for you.

We believe ambition and flexibility aren’t mutually exclusive. Flexible work arrangements are a win-win situation for the firm and our lawyers. Gilbert + Tobin seeks to attract and retain the most talented people we can find, so we always do our best to accommodate lawyers when they want to spend time with family or travel.

SECONDMENTS Secondments are not only vital to your career development, they’re also important for building strong client relationships. We actively encourage our lawyers to take up local and international secondment opportunities.

“I joined G+T in July 2005 as a paralegal in the C+R group while I was completing my Bachelor of Laws and Bachelor of Commerce at the University of Sydney. In mid-2010 I was offered the chance to work in the Competition group at Linklaters in London. “The partners in the C+R group were extremely supportive of my desire to seek international experience. When I made the decision to return to G+T in 2012, I was welcomed back with open arms. I’ve gained an appreciation of competition law from a multi-jurisdictional perspective. I draw on this knowledge to provide competition advice on crossborder transactions. I consider myself fortunate to work on complex and challenging matters that are referred to G+T by international firms.”

“I joined Gilbert + Tobin in 2008 as a graduate. I’ve worked in the Litigation group the entire time and loved every minute of it. Some great matters I’ve worked on include the ACCC’s grocery price inquiry, major regulatory disputes, and large building and construction disputes. I’ve also done some fantastic pro bono work – the most memorable was providing advice to detainees in remote immigration detention centres. “In December 2012 I took a leave of absence. My partner and I moved to London and I currently work for Freshfields Bruckhaus Deringer. I’ll see you when I get back to G+T!” Stuart Brady, Lawyer, Litigation

“In October 2012 I was given the opportunity to work at Slaughter and May in London on a 12-month secondment. It’s fascinating how different things are – from the culture of the firm, to the matters you work on, to the processes involved in those matters. Being in London means most matters have an international aspect that makes co-ordination with other law firms and some understanding of the law in other jurisdictions very important. It’s also interesting to see how different the regulatory processes and interactions between law firms and regulators are. It is definitely a worthwhile experience.” Cherrie Fung, Lawyer, Competition + Regulation

Emma Ringland, Lawyer, Competition + Regulation

“This is my second time returning to work after a period of parental leave. On both occasions, the firm has accommodated my request to work part time and, in my experience, is supportive and open minded about flexible work arrangements. I continue to enjoy challenging and fulfilling work, including high-profile transactions.” Jessica van Rooy, Lawyer, Corporate Advisory

“After an enjoyable first few years at Gilbert + Tobin I decided it was important to travel and gain some overseas experience before settling more permanently into my career. The firm offered me a 12-month leave of absence that allows me to fulfil my overseas ambitions before returning to resume my career. Importantly, I felt I had the firm’s complete support – they even offered to help secure overseas opportunities.” Paul Wright, Lawyer, Competition + Regulation

2012 Summer Clerks

“I’ve been working part time (three days a week) since returning from maternity leave. Balancing the demands of a busy practice and family life as a single mother is not without its challenges. It requires a lot of diligence, organisation and open communication with my colleagues to ensure these competing interests are met appropriately. Thanks to the incredible support of my colleagues – particularly the partners I work with – I’m able to achieve an appropriate balance, which in turn has made the transition into working part time very rewarding.” Dora Guslitser, Lawyer, TMT + Project Services

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About your clerkship Gilbert + Tobin’s clerkship program is designed to provide you with direct exposure to market-leading transactions and matters. You will work with partners and lawyers in an informal setting, allowing you to challenge yourself and develop your skills.

Each year we recruit law students to complete clerkships in our Sydney, Melbourne and Perth offices. The G+T clerkship experience is open to students in their penultimate year of study. Our clerks get the opportunity to be part of one or more of the firm’s practice groups. You’ll start to understand the mechanics of legal practice and work on a range of tasks, developing valuable skills and experience along the way. This includes preparing and drafting memos, assisting in litigation processes, attending court, observing negotiations and meeting clients, or perhaps working as part of a deal team.

FIND OUT MORE For more information about applying for a clerkship or for program dates, please visit me.gtlaw.com.au.

Sarah Goddard + Bianca D'Angelo, Summer Clerks

SYDNEY

MELBOURNE

At Gilbert + Tobin’s Park Street office, our Sydney clerks complete a 10-week placement that consists of two five-week rotations across the firm’s practice areas. As well as becoming immersed in their practice areas of interest, Sydney clerks have the opportunity to contribute to the Pro Bono practice. Clerks are also assigned a research task that involves working closely with lawyers and then presenting the results to partners and lawyers across the firm.

In our newly designed offices at 101 Collins Street, clerks are offered a three- to four-week placement during winter or summer, providing valuable insight into a career at G+T. Throughout the clerkship, clerks work closely with lawyers and partners on transactions across the Banking + Finance, Competition + Regulation, Corporate Advisory, and Telecommunications, Media and Technology + Project Services groups.

The Aurora Project allows two clerks to gain work experience with a Native Title representative body during their winter semester break. This unique initiative is fully funded by the firm and will help you build important personal and professional skills.

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Linda Quek, Sydney Clerk

After spending the summer at G+T I can see my future ahead of me. I’ve had the opportunity to do real work in the areas of law that interest me, develop excellent mentoring relationships and work directly for some of the top lawyers in their fields. Most importantly, I’ve been encouraged to be myself and apply my skills to consistently challenging work. Christopher Boyd, Sydney Clerk

What has struck me most is the wealth of knowledge that everyone at all levels is willing and excited to share. I spent my first week working on an asset sale agreement for a client selling its gold mine to a Chinese company. The work has been extremely hands on and from the outset I felt part of the team.

Your clerkship is also an opportunity to build lasting relationships with a talented group of like-minded individuals who may become your peers as you continue your legal career. You’ll have plenty of time to attend training, practice group events and firm lunches, and build relationships with people across the firm.

JOIN THE AURORA PROJECT

Everyone at G+T was very friendly and helpful and made me feel right at home. The lawyers and partners took time to explain matters to me. I was even invited to attend conference calls and meetings with clients. I couldn’t have asked for a better environment, work, support and opportunities.

PERTH Seasonal clerkships in our Perth office provide the opportunity to undertake a three-week placement in summer or a two-week placement in winter. During this time, clerks work closely with lawyers and partners on matters across the Corporate Advisory, Energy + Resources and Litigation practice groups.

I’ve also been to several information sessions and roundtable discussions hosted by partners in the Energy + Resources group and other practice areas. George Salter, Perth Clerk

During my clerkship I’ve had the opportunity to work on a diverse range of tasks. From due diligence for a proposed IPO, to business development and company research, the work has been interesting and challenging. I’m also participating in a pro bono matter – I’m drafting a fact sheet on the Personal Property Securities Act for the Public Interest Law Clearing House. Henry Hedinger, Melbourne Clerk

Next steps for graduates

G+T’s graduate program is tailored to each office. If you’re a graduate student ready to make the smart career choice, please visit me.gtlaw.com.au for more information about our programs in Melbourne, Perth and Sydney.

New graduates join the firm each year and complete a formal graduate program consisting of two rotations. As a graduate, you’ll get a chance to work across a diverse range of practice areas. Our People Team works closely with graduates to ensure you are exposed to your areas of interest. During your rotations you’ll work directly with partners and lawyers and be actively involved in matters as part of a practice area team. This experience is complemented by a comprehensive program of professional and legal skills development, knowledge management and pro bono work.

COLLEGE OF LAW Gilbert + Tobin will support and fund your practical legal training through our tailored in-house program. Our graduates complete their rotations at the same time as their PLT 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 – a more experienced lawyer – to guide you through your rotations and your transition into a practice area.

Laura Ponton + Christopher Boyd, Summer Clerks

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 ‘buddy’ who’ll give you invaluable advice and support throughout your early experience as a graduate.

I started as a graduate in February 2012. During my first rotation in TMT + Project Services I undertook a six-month secondment at Westpac, where I took part in contractual negotiations alongside experienced G+T lawyers. Being a part of the Westpac team allowed me to see how the client views legal issues. It also helped me develop my commercial understanding and form longstanding relationships. These skills will be invaluable for my next rotation in Corporate Advisory. Alexandra Dagger, Graduate Lawyer

As a graduate, the opportunity to work as a secondee at Sensis has been an immensely rewarding professional experience. The secondment has allowed me to sharpen my technical legal skills and develop a number of soft skills. I’ve gained firsthand practical experience negotiating agreements for Sensis across its business units. Greg Shinsky, Graduate Lawyer

GRADUATE SECONDMENTS Graduates can apply for secondments with other independent firms in our global network. In 2012, Graduate Lawyer Frederick Brodie successfully applied for a secondment at the Tokyo office of Anderson Mōri & Tomotsune – one of the independent firms that participate in the global secondment program.

“I’m on secondment to Anderson Mori & Tomotsune in Tokyo and am having an amazing time! Tokyo is undoubtedly an exciting city for anyone, whether you are a dedicated foodie, nature lover or interested in traditional cultures. I’ve eaten fresh sashimi at the Tsukiji Fish Market, watched the Meiji Shrine in Yoyogi Park become completely covered in powder-soft snow, and sat crosslegged while watching live sumo wrestling. As for work, I’m gaining invaluable professional development experience. I’m learning about the law in different jurisdictions and developing my understanding of Japanese business culture. I’ve worked with lawyers not just from Japan but from around the world including Belgium, China, Singapore, Taiwan and the US.” Frederick Brodie, Graduate Lawyer ME.GTLAW.COM.AU

Opportunities for experienced lawyers Gilbert + Tobin lawyers work on transactions and matters (both domestic and international) that are complex, innovative and market leading. We actively seek out highperforming lawyers who are ambitious and passionate about their area of specialisation. Our lawyers thrive in situations that challenge them and help to further develop their skills and expertise. All lawyers have the opportunity to become trusted advisers to our clients by working closely with our partners, many of whom are ranked locally and internationally as leaders in their field. We value diversity, which is why our lawyers come from varied backgrounds and often have international, in-house or strong local experience. People are attracted to G+T for our high-profile work and clients, our friendly and open culture and collaborative working environment. Our lawyers are frequently recognised for their deep knowledge and understanding of their clients’ businesses and the industries in which they work. We work hand-in-hand with our clients to provide strategic and commercial advice on matters that define and shape the market.

LOCAL + INTERNATIONAL SECONDMENTS Secondments are an important part of your career development. With this in mind, we offer our lawyers the opportunity to work in-house to build their relationships with clients and gain a greater understanding of relevant industry sectors in Australia and overseas. We also offer secondments to other leading independent law firms around the world. A number of our lawyers have pursued client secondments in Asia, the UK and the US. Others have recently taken up secondment opportunities at Slaughter and May in London and Anderson Mōri & Tomotsune in Tokyo. We continue to build relationships across the globe so we can provide the best development opportunities for our people.

HOW WE WORK Our working environment fosters collaboration and teamwork and lawyers are given the opportunity to work with multiple partners across their area of specialisation. G+T lawyers work closely with their teams and other practice areas to achieve the best outcomes for their clients.

WHO WE’RE LOOKING FOR We are 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 excellence. In addition to your legal ability, you should demonstrate enthusiasm, team spirit and a determination to succeed.

DID YOU KNOW? Eighteen Gilbert + Tobin partners were recognised as leaders in their field across 15 areas of law in Best Lawyers Australia, 2012.

GET IN TOUCH Jennifer Sing Key + Rebecca Dollisson, Lawyers

The firm has racked up a series of high-profile deals that have made others sit up and take notice. The Asian Lawyer, 2012

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We always like to hear from people who are eager to join our firm. If you’re interested in career opportunities at G+T, please visit ME.GTLAW.COM.AU

Professional development

Anthea Collins, Lawyer

“I joined G+T as a summer clerk in 2006, and joined the Competition + Regulation group in February 2008. I was drawn to competition and regulation because of the mixture of law and economics, and the combination of advisory and litigation work. Most of all, I was drawn to the C+R group because of the people – all of whom are inspiring and incredible, and experts in their field. “During my time in the C+R group I obtained a Graduate Diploma in Competition Law from the University of Melbourne. I wanted to increase my knowledge of competition law, so I took a leave of absence from G+T and undertook a Master of Laws at Columbia University in New York. “The experience was monumental – it was a year like no other. The opportunity to live and study in New York City is unrivalled. I’ve met hundreds of international students and made new friends; been taught by world-class professors; and absorbed the sights, sounds and tastes of the city.” Kiera Campbell, Lawyer, Competition + Regulation

Jeremy Snow, Lawyer

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. LEARNING + DEVELOPMENT PROGRAM

+ industry-specific training by external consultants and experts

Our in-house learning programs are designed to develop the technical legal and professional skills you will use at all stages of your career. By harnessing the wealth of resources available at the firm and using leading external providers in development, you’ll experience a variety of learning techniques including on-the-job instruction and mentoring, classroom-based instruction and experiential learning.

+ specialist practice group–based training

Formal training is one of many ways to develop strong legal skills. We place considerable emphasis on practical, one-onone 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. Some of the development programs offered to our lawyers and graduates include:

+ senior leadership development programs, including feedback opportunities supported by one-to-one coaching.

POSTGRADUATE STUDY + SCHOLARSHIPS We encourage our lawyers to undertake postgraduate study. This may include funding assistance for masters’ degrees and other postgraduate courses, and study leave to complete essays and attend exams. Each year we award a scholarship to support a lawyer who wishes to study a course 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.

+ negotiation skills workshops + intensive commercial drafting modules + client development programs ME.GTLAW.COM.AU

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Whether it's Friday night drinks, a firm-wide picnic or the annual Christmas party, an important part of life at G+T is making time for fun.

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Why G+T? Our objective is simple: to be Australiaâ&#x20AC;&#x2122;s leading corporate law firm and the best provider of legal services in each of our chosen areas of practice. If this sounds like the kind of place you would thrive in, and if you share our desire to be the best, we want to hear from you. Visit me.gtlaw.com.au to find out more.

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SYDNEY MELBOURNE P E RT H

SYDNEY

MELBOURNE

PERTH

2 Park Street, Sydney NSW 2000 GPO Box 3810, Sydney NSW 2001 T +61 2 9263 4000 F +61 2 9263 4111

101 Collins Street, Melbourne VIC 3000 GPO Box 90, Melbourne VIC 3001 T +61 3 8656 3300 F +61 3 8656 3400

1202 Hay Street, West Perth WA 6005 PO Box 454, West Perth WA 6872 T +61 8 9413 8400 F +61 8 9413 8444

me.gtlaw .com.au