Government decision-making in Australia is considered, contested, scrutinised and tested. Statutory powers, procurement processes and regulatory determinations carry consequences for government and the parties that engage with them.
Thomsons advises governments at federal, state and local levels, and private sector clients engaging with government. The practice is ranked Band 1 for Government by Chambers Asia Pacific.
The team has acted on some of the most consequential government assignments and projects of the last decade, including projects valued in the tens of billions of dollars, significant public law test cases, class actions, highly sensitive civil claims, Commonwealth-wide enterprise bargaining and Royal Commissions. The team has acted for private sector clients on significant procurements, major projects, regulatory assignments, Royal Commissions and a range of other government-connected matters.
Areas of expertise
Statutory powers must be exercised lawfully and on defensible grounds. We advise on defensible decision-making, procedural fairness, merits review and judicial review, and represent clients ( government and private) in tribunals and courts where decisions are contested. Where a regulatory determination affects a commercial outcome, we advise on the available legal recourse and act in court and tribunal proceedings.
Large-scale public infrastructure involves complex delivery models and competing accountability obligations. Our team has acted for a range of government agencies on some of Australia’s largest and most complex capital equipment acquisition projects and privatisations. We have worked across a variety of delivery structures to help government maximise value for money while ensuring public sector accountability obligations are satisfied. We advise on governance frameworks, delivery structures and risk allocation across the lifecycle of major projects.
Procurement decisions carry legal, probity and commercial risk. We advise on approaches to market, tender design, contract structuring and drafting, risk allocation, compliance with statutory and policy requirements, and tender evaluations. We also represent clients in contract negotiations, assist our clients through the contract administration phase of procurements, and assist clients to settle disputes through negotiations, mediations, expert determinations, arbitrations and litigation.
Our team is also experienced in reviewing and advising on grant programs including structuring of eligibility and assessment criteria and amendments to grant agreements for program specific needs.
Employment in the public sector operates within a distinct legal framework which intersects statutory obligations, enterprise agreements, public service legislation and administrative law. We advise government employers on all aspects of workforce management, including individual employee issues, payroll and compliance, industrial disputes and enterprise bargaining, and work health and safety. We advise boards of government statutory corporations and entities at the State and Commonwealth level on the management of sensitive employment and governance issues, including relating to senior executives.
We act for government clients in individual employment disputes, including relating to senior executives and parliamentarians, and have deep experience in public sector enterprise bargaining, industrial disputes and strategy, having advised on a large proportion of current Commonwealth agency enterprise agreements. We assist government clients navigate underpayment issues including large-scale remediations and interactions with the regulator. We also advise on all aspects of work health and safety, including meeting WHS obligations in relation to complex procurements, advising boards and senior executives, and responding to serious safety incidents.
We act across the full range of government and public sector litigation, including high-stakes public law disputes and test cases, regulatory litigation (including civil penalty proceedings, criminal prosecutions and challenges to regulatory decisions), significant civil claims and class actions against government entities, and complex commercial disputes (including court litigation and arbitrations) involving government entities, regulatory challenges and complex litigation involving public sector entities.
Sound regulatory frameworks require precise legal architecture. We advise on the development, review and reform of government policy and statutory schemes, including legislative drafting and the design of consultation and implementation processes. We advise private sector clients on the legal implications of proposed reforms and represent their interests through consultation and submissions.
We act both for and against regulators in a wide range of areas including corporations, financial services, taxation and revenue, environment and planning, work health and safety, disability, aged care, health, pharmaceuticals and medical devices, professional discipline, licensing and telecommunications and import/export to name a few. Our breadth of experience means we can offer clients market leading insights and advice which is strategic, commercial and reflects best-practice.
Governance failures in public agencies carry regulatory and reputational consequences. We advise on structures, delegations, accountability frameworks and the obligations of boards and executives within government and statutory bodies. We regularly provide guidance to public sector boards and executives on navigating sensitive governance and employment issues.
Access, use and protection of information raises complex legal, commercial and reputational issues. We advise government agencies on FOI obligations, exemptions and decision-making. We advise private sector clients on access applications, third-party objections and review rights where disclosed information carries commercial sensitivity.
We provide comprehensive advice on privacy and data protection, including compliance with privacy legislation, government secrecy and data handling laws, data governance frameworks, data sharing, breach response and risk management. Our approach ensures clients can balance transparency obligations with the lawful handling and protection of personal and sensitive information.
Our experience
Complex procurement projects
Advising large and 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.
Sydney Metro – Disputes
Acted on disputes arising from Sydney Metro Northwest, Sydney Metro City and Southwest, and related rolling stock and rail infrastructure programs, including Regional Rail, Sydney Growth Trains, Millennium Trains, and Oscar and Hunter Trains.
Antarctic aviation services
Acting for the Department of Climate Change, Energy, the Environment and Water and its Australian Antarctic Division on the procurement of aviation services for the Australian Antarctic Program.
Snowy Hydro Ltd – Project delivery advice
Acting for Snowy Hydro, an Australian Government-owned energy company with 16 power stations across three states, on delivery issues arising from the Hunter Power Project in New South Wales, worth more than A$1 billion.
Government agency – Artificial intelligence pilot program
Advised a government agency on the design and implementation of a pilot program using artificial intelligence to assist in initial review of documents for high volume decision making. Our work included advice on privacy and AI governance, including interagency arrangements and access, compliance with administrative law, intellectual property and privacy obligations.
Commonwealth departments – Enterprise bargaining
Advised multiple government departments and agencies on Australian public sector-wide enterprise bargaining, including in relation to good faith bargaining disputes, protected industrial action and approval challenges.
South Australian Government -New Women's and Children's Hospital, Adelaide
Supported the South Australian Government on contractor procurement, probity and risk allocation for the State's largest hospital project.
Acting for Commonwealth regulators in civil penalty proceedings and enforcement matters across the corporations, disability and revenue sectors.
State government departments – Outsourcing transactions
Advising State government departments on whole-of-government outsourcing transactions valued in excess of A$1 billion, including procurement governance and contract structuring.
Industry regulators – Assessment and approval advice
Advising regulators on market entry assessment frameworks and approval processes for new participants in regulated sectors.
Government agencies – Judicial review and administrative proceedings
Representing Commonwealth and State agencies and regulated entities in judicial review and administrative proceedings across multiple jurisdictions.
Regulatory Investigations and Enforcement
Acting for corporations and individuals responding to regulatory investigations and enforcement actions brought by ASIC, ACCC, APRA, the ATO, the AFP and other Commonwealth and state regulators. Our work encompasses responding to compulsory examinations and notices to produce, advising on enforcement exposure and, where necessary, contesting proceedings in court. We also act for Commonwealth, state and territory regulatory and enforcement agencies.
Reddit – Constitutional challenge
Acting for Reddit on a High Court challenge to the validity of the Online Safety Amendment (Social Media Minimum Age) Act 2024 (Cth), which introduced Australia’s Social Media Minimum Age regime.
X Corp – Social media regulation
Acting for X Corp (formerly Twitter) in Federal Court proceedings challenging the validity and application of the Online Safety (Relevant Electronic Services – Class 1A and 1B Material) Industry Standard 2024 (Cth) made by the eSafety Commissioner under the Online Safety Act 2021 (Cth).
Fintech companies – Financial services regulation
Advised a number of the world's leading financial technology firms on their compliance with Australia's complex financial services laws.