Defence and National Security

Overview

Defence and national security work demands a deep understanding of the unique strategic, commercial and operational drivers which apply in this sector. We understand the legal frameworks that govern the development and sustainment of Australia's sovereign capability and the broader national security legislative architecture.

Our expertise covers all aspects of the Defence sector, including the procurement and public accountability framework, mergers and acquisitions, infrastructure development, real estate and environmental planning, technology and data protection, cybersecurity, export control, sanctions and regulatory issues.

Our clients include government corporations, statutory authorities, state and federal government departments, local councils, private sector tenderers, developers, and financiers. We are on the government legal panels for the Commonwealth, Queensland, New South Wales, Victoria and South Australia governments. We are also on the legal panel for Western Australia government agency Development WA.

Areas of expertise

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Commonwealth procurement is governed by rules that exist for good reason. We know those rules in detail: the Commonwealth Procurement Rules and the frameworks that govern major capability acquisitions under the Public Governance, Performance and Accountability Act 2013. Our advice is structured around accountability, value-for-money obligations and the governance requirements that Commonwealth entities must satisfy. Procurement decisions must be made correctly, documented defensibly and capable of withstanding external scrutiny. That is the standard we work to.

Cyber risk in the public sector carries regulatory, operational and reputational consequence. We advise on obligations under the Security of Critical Infrastructure Act 2018, the Protective Security Policy Framework and associated Commonwealth requirements including the Enhanced Cyber Security Obligations that apply to systems of national significance. Our work spans incident response, information assurance, data sovereignty and the legal dimensions of emerging defence technology. When decisions must be made under pressure, our advice is structured and certain.

Export control obligations are exacting. Non-compliance carries serious consequence, including criminal penalty. We advise on Australia's export control regime under the Defence Trade Controls Act 2012 and the Customs Act 1901, including permit requirements under the Defence and Strategic Goods List and obligations arising from Australia's participation in multilateral non-proliferation regimes. Our advice anticipates regulatory risk and is aligned to the operational context in which our clients must act.

Where national security interests intersect with commercial activity, regulatory intervention follows. We understand these frameworks in depth including the foreign investment review regime under the Foreign Acquisitions and Takeovers Act 1975, and the exercise of ministerial powers on national security grounds. Our advice is grounded in familiarity with how these mechanisms operate in practice. Risk is identified, managed and addressed before it becomes a problem.

Experience

Department of Defence - Large scale and complex projects

We have advised the Department of Defence on some of its largest and most complex procurement projects, across a range of domains. This includes the acquisition, sustainment or disposal of major military equipment, including aircraft, helicopters, ships, submarines, satellite ground stations, communication systems and other military systems. Our work has included developing acquisition strategies, drafting the contracts and market solicitation documents, assisting in the evaluation of tenders, including providing legal advice on risks arising during procurement processes and other legal issues, and assisting in the negotiation and finalisation of contracts. Our engagements are frequently decades long: from project inception through to the delivery and sustainment phases of the life cycle of equipment.

Defence - Major constructions

Advised on multiple major construction projects in relation to a range of facilities, buildings and structures including aircraft hangars, runway aprons, wharves, dock facilities, radar towers, fuel farm facilities, vehicle storage facilities and air traffic control towers. This includes acting on a range of delivery models including managing contractor contracts, head contracts, early contractor involvement and private financing arrangements.

Arbitrations

Acting in multiple arbitrations concerning the defective construction of Defence installations.

Overview

Areas of expertise

Defence procurement and contracting

Cybersecurity and defence tech

Export controls and trade sanctions

National security and foreign investment

Experience