Hayden acts for software vendors, technology companies, government agencies and regulated sector clients on complex technology and IP transactions, ICT procurement, privacy, cyber security and incident response.

Biography

Hayden acts for well-known software vendors, organisations undertaking complex technology projects, Federal and State government agencies, and clients across fintech, defence-tech, medtech and artificial intelligence. He also advises clients in regulated industries including health and aged care, education and financial services on technology, privacy and security risks. He holds law and IT qualifications.

Hayden advises on complex IP and technology transactions, ICT procurement (including under Federal DTA templates and Queensland QITC), SaaS, cloud and outsourcing arrangements, privacy and cyber security compliance and incident response, and IP and trade mark strategy. He helps clients manage data risks, comply with privacy and security obligations and respond to cyber incidents. He speaks regularly at major cyber security and technology conferences including RSA in San Francisco and AusCERT.

Hayden has led complex, high-value technology transactions and advisory mandates for Federal and State government agencies (including Indigenous Business Australia, WorkCover Queensland and Brisbane Airport Corporation), global software vendors and ASX-listed clients. Recent matters include core-banking SaaS procurements, large managed-services agreements under DTA templates, multi-jurisdictional cyber incident responses, facial-recognition and biometric privacy advice, and cross-border software licensing disputes valued in the tens of millions of dollars.

Hayden’s combined law and IT qualifications allow him to grasp quickly how technologies affect a client’s legal and commercial position. He is known for being commercially pragmatic, responsive and able to translate complex technology and regulatory concepts into clear, actionable advice for boards and executive teams.

Credentials

Academic qualifications:

Memberships:

Hayden's experience

Artrya Ltd — Cross-border SaaS and privacy agreement

Acting as team member for Australian AI-driven health company Artrya Ltd on a software services agreement and privacy, data and HITECH security addendum with a US medical centre, advising on Australian law aspects, and related US federal and state law including HIPAA, cross-border risk allocation and IP and data protections.

Lorna Jane — Global trade mark portfolio management

Managing Lorna Jane's domestic and global trade mark portfolio, including brand strategy, filing, prosecution, renewals, management of foreign agents, oppositions and removal actions, and enforcement action against e-commerce platforms including TEMU and SHEIN.

Australian airport — facial recognition and biometric privacy

Lead partner advising an Australian airport on the legal compliance and risk management strategy for deploying facial recognition technology and body-worn cameras across the airport for security and passenger-processing purposes, including Privacy Act 1988 (Cth) and Australian Privacy Principles compliance for sensitive biometric information, drafting privacy notices, signage and operational guidelines, and advice on consent and regulatory engagement.

Federal government agency — Core banking and managed services procurement

Lead partner for a Federal government agency) on (i) the procurement of a replacement treasury management software solution forming part of IBA’s core banking systems, including RFT preparation, vendor negotiation, SaaS, data sovereignty and APRA CPS 230/234 compliance; and (ii) negotiation of a critical IT managed services agreement with multinational vendor under the Digital Transformation Agency template, covering service desk, cloud, infrastructure and network management.

WorkCover Queensland — ICT contract extensions under QITC and QPP

Advising WorkCover Queensland on key ICT supplier agreements, including analysis under the Queensland Information Technology Contracting (QITC) framework, the Queensland Procurement Policy and probity considerations.

Modaxo — Government and emergency services SaaS contracting

Relationship partner for Modaxo (a Constellation Software group company and one of the world’s leading providers of transportation technology), advising on contracts with government departments for critical emergency services and on multi-year SaaS and implementation contracts for transportation fleet management, payroll and rostering, both within Australia and internationally.

Cryptsoft — International software licensing dispute

Outsourced general counsel for over 10 years to Cryptsoft, a leading developer of encryption key management and KMIP interoperability software. Recent matters include leading the firm’s strategy on a multi-jurisdictional software licensing and copyright dispute against DataStax (a US-based NoSQL database vendor acquired by IBM), including OEM licence enforcement, change of control and assignment claims, copyright registrations and forensic preservation, prior to handover to US co-counsel.

Awards, recognition and ranking