Government Regulation and Public Law

Overview

Public law defines how authority is exercised, how policy is implemented and how statutory decisions withstand scrutiny. Thomsons advises government departments, agencies, statutory bodies and regulated entities on administrative and public law, procurement and regulatory engagement - and acts for private sector clients, individuals and organisations in proceedings against government where statutory decisions are contested or unlawfully made.

We act on both sides of the public law divide. For government clients, that means legally defensible decisions, sound institutional frameworks, enforcing the law (for example through civil penalty proceedings) and defending decisions once made. For private sector clients, it means understanding the regulatory environment, knowing where decisions are vulnerable, and having the standing and capability to act when a statutory decision or regulatory action affects a commercial or legal position.

We assess statutory exposure, structure decision-making processes and manage regulatory and judicial risk across policy design, day-to-day decision-making and major transactions and contested proceedings. Our work supports defensible outcomes - and successful challenges - in matters that attract parliamentary, judicial and public scrutiny.

Areas of expertise

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Data collection, use and disclosure by government agencies and regulated entities carries legal obligations under privacy legislation, secrecy provisions and freedom of information frameworks. We advise government agencies on their privacy obligations, data governance frameworks, FOI obligations, exemptions and decision-making processes. We advise private sector clients and individuals on data access rights, privacy complaints, third-party objection rights and review mechanisms where disclosed information carries commercial sensitivity or legal consequence.

Liability claims involving public authorities require command of both public law principles and civil litigation. We act on both sides. We investigate and defend government agencies and statutory bodies against claims arising from the exercise of statutory powers, including allegations of misfeasance in public office, negligence, breach of statutory duty and unlawful administrative action. We act for private clients, individuals and organisations bringing such claims where government action has caused loss. We advise on legal basis, assess exposure or prospects, and manage proceedings through negotiation, tribunal processes and litigation, applying the same analytical rigour whether we are defending the decision or challenging it.

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.

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.

Commonwealth regulators – Civil penalty proceedings

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.

Overview

Areas of expertise

Administrative law and statutory interpretation

Judicial and merits review matters

Policy design and legislative reform

Public Inquiries and Royal Commissions

Data, privacy and Freedom of Information

Government procurement, grants and funding

Claims against public authorities

Regulator engagement and licensing

Constitutional and intergovernmental matters

Our experience