Asialaw Profiles
The Guide to the legal markets of the Asia-Pacific

“Blake Dawson has a great practice, and it is one of the firms that I will recommend,” says one client. The team this year retains its position in the top tier with clients commending the practice as “very good, very responsive with quality partners and strong associates”.

The highlight of the year was advising the National Broadband Network (NBN) in the largest infrastructure project in Australian history . The US$46.5 billion NBN project is an initiative to provide broadband access at speeds of 100 mbs to 90% of Australian households.

The firm also advised National E-Conveyancing Development, a company owned by three State governments, on the establishment of a national e-conveyancing infrastructure that links multiple Australian jurisdictions. The team was involved in all elements including incorporation, tender advice, contract negotiation, tax advice and IP due diligence, assignment and branding.

“Gilbert + Tobin’s TMT team gets the job done with a minimum amount of fuss”, says one client. “The team is excellent, very pragmatic and has a good sense of humour.” It is also the main adviser to several leading telecommunication companies.

The firm advised ACP Magazines, a subsidiary of Nine Entertainment, on its US$610 million sell down of its 49.1% stake in carsales.com.

It also assisted Photon Group on its US$110 million equity raising and restructuring of debt facilities with ANZ Banking Group as part of the Group’s recapitalisation proposal in September 2010.

Mallesons Stephen Jaques retains its position at the top of the field “by combining a high degree of legal expertise and commercial acumen”, says one client.

A competitor adds: “I understand why clients use Mallesons. It is the preeminent Australian firm for TMT”.

The practice is led by partner Roger Forbes, who is “number one compared to other lawyers in this area”, says a client.

The firm advised Telstra on the Australian Government’s US$11 billion fibre-to-the-home,National Broadband Network (NBN). The team gave strategic advice on all aspects of Telstra’s negotiation of the network shutdown, as well as migration and infrastructure-sharing arrangements with the government entity rolling out the NBN.

The Clayton Utz TMT team “delivers pragmatic, innovative and high quality advice”, says one client. The team has extensive resources upon which it can draw to provide services of the highest standards.

“Our experiences with law firms in Australia is that they are not fully resourced to handle the work we require, but Clayton Utz is one of the few firms that does have the capability”, says one international client. “It has been working with us for the last year and partner Jim FitzSimons is a specialist in IT work.”

The team is advising Australia’s state-owned broadband company NBN on two separate acquisitions of broadband networks, with a combined value of US$13.4 billion. The deal is part of a 10 year US$41 billion project to revamp Australia’s broadband internet access.

Corrs Chambers Westgarth is “very strong in the media and broadcasting sector”, says one client. The team’s work across all forefronts in the communications, media and technology industries is one of the firm’s strengths.

Partner Philip Catania’s handling for some of Australia’s high profile companies is “highly regarded for matters involving IP and IT”, adds another client.

Corrs acted as principal adviser to Southern Cross Media on its successful US$721 million off market takeover bid for Austereo. The takeover enabled Southern Cross Media to dramatically expand its reach in the metropolitan radio markets.

In this transaction, Corrs drafted and negotiated all transaction documents including the implementation deed, pre-bid agreement, bidder’s statement and the debt and equity raising documents.

Freehills “consistently gives the best and most accurate telecommunications advice of any law firm I have worked with in Australia”, says one international client. “Sydney-based partner Louise Capon is my first call whenever I need legal work done.”

Last year’s highlight was acting for the financiers on the US$3.24 billion term syndicated facility agreement entered into by Vodafone Hutchison Australia and Hutchison Telecommunications to refinance existing indebtedness including shareholder loans.

“Minter Ellison provides a good team of lawyers who are all very effective at addressing our needs”, says one client. “I would characterise both its advice and service as excellent.”

Anthony Lloyd leads the TMT team, which has “provided us with excellent due diligence on drafting and negotiations in relation to our technology development”, says another client.

The team acted for TPG Telecom in negotiating and finalising a A$380 million syndicated debt facility package provided by domestic and offshore lenders.

The team also advised NBN on the procurement, manufacture and delivery, and financing of the space and ground segments as part of Australia’s national broadband network.

Webb Henderson is a specialist TMT boutique with offices spread across Southeast Asia. It advised NBN on certain aspects of its US$12 billion transaction with Telstra Corporation. The firm also acted for SingTel, the leading telecom operator in Singapore, in relation to structural separation within the Singapore telecom sector.