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Minter Ellison is a recognised leading adviser to the technology, media, communications and telecommunications (TMT) industries. TMT organisations face a wealth of challenges in maintaining competitive advantage and leveraging new opportunities. Rapid innovation and convergence in this space, together with an ever-changing legal and regulatory environment, means that TMT organisations must constantly re-evaluate, and in some cases entirely re-engineer, their business models and strategies.
Our TMT Group supports clients through this ever-evolving process, providing informed, commercial, strategic and practical advice. By applying our deep understanding of the TMT industry and its key drivers, adopting a cross-disciplinary approach, and leveraging an experienced and knowledgeable cross-border team, we are able to add significant value to our clients’ TMT transactions.
We work with leading organisations across the TMT spectrum, and have played a key role in some of the most significant TMT developments and transactions in the Asia Pacific region.
Our technical expertise extends across the entire spectrum relevant to the activities of TMT organisations, and includes intellectual property, media regulation, defamation, telecommunication regulation, outsourcing and procurement, e-commerce, technology, mergers and acquisitions, joint ventures, competition law, privacy and spam, corporate advice, employment law, tax, finance, infrastructure, property and litigation.
Advised Singtel Optus on the transfer of its coaxial cable and ancillary assets to NBN Co, to enable the accelerated roll-out of Australia’s National Broadband Network.
Advised M2 Group on its A$250m private treaty acquisition of Dodo and recommended takeover of Eftel Limited. The transaction involved parallel acquisitions of a publicly listed entity (Eftel) and a private entity (Dodo) where the vendor of the private entity had a majority shareholding in the listed entity. This required careful consideration of independence issues and potential collateral benefit issues.
We assisted Spatial Apps Pty Ltd in relation to the development of PressAtlas, an innovative news search engine which geographically revolutionizes your news by enabling you to search for news geographically and pinpointing exactly where that news happens.
Acting for Optus in the successful appeal to the Australian Competition Tribunal in relation to Telstra's 2008 ULLS access undertaking under Part XIC of the Competition and Consumer Act 2010.
Advising SingTel Optus since it commenced operation regularly assisting it with its corporate growth activities, satellite initiatives, network rollouts, joint ventures, regulatory strategy, brand protection and strategic litigation;
Advised the Department of Health and Ageing in the implementation of the National Health Reform Business Information Systems Program. The project involved multiple approaches to market, the engagement of multiple vendors (including hardware, software, managed services and data transformation services), vendor integration and complex IP issues. We also advised the Department in relation to issues concerning delivery of the solution.
Advising Airservices Australia on the procurement of a replacement air traffic control system (OneSky) for the whole of Australia. Airservices Australia is working closely with the Department of Defence, with the joint objective of realising harmonisation between civilian and military air traffic control systems and operations.
Advising and assisting blue chip Australian and international companies such as Westpac, Cathay Pacific, Allianz and Qantas rationalise their technology procurement and outsourcing arrangements
Acted as legal adviser to TPG Telecom Limited on its binding sale agreement to acquire 100% of Telecom New Zealand Australia Pty Ltd for A$450 million on a debt-free, cash-free basis. The sale includes the AAPT and Powertel businesses, and is a highly strategic acquisition to incorporate AAPT's inter-capital fibre into TPG's extensive network assets.
Acted for an entity associated with Gordon Merchant in its sale of Plantic Technologies Limited to Japanese listed company, Kuraray Co. Ltd (market cap US$6 billion). Plantic is a world leading innovator in bioplastics through proprietary technology that delivers biodegradable and renewed sourced alternatives to conventional plastics.
Acting for Optus in the appeal to the Australian Competition Tribunal in relation to exemptions from access obligations granted to Telstra in 2008 under Part XIC of the Competition and Consumer Act 2010.
Advised Trade Me Limited on its acquisition of a 15 per cent stake in lending platform Harmoney for $7.7m. Trade Me, founded in July 2013, is an Auckland-based company and is led by consumer finance entrepreneur Neil Roberts. Harmoney is currently the only licensed peer-to-peer lender in New Zealand.
Acted for ASX listed company, Pacific Star Network Limited, in its acquisition of Morrison Media, an independent print and digital publisher which publishes frankie, Smith Journal, Surfing Life, Slow Living and White Horses. Pacific Star Network's other businesses include SEN radio and AFL magazine, 'Inside Football'.
Advised Adslot Limited on its acquisition of Facilitate Digital Holdings Limited by scheme of arrangement.
Advised on the merger between Mnemon Limited ('Deals Direct') and Grays (Aust) Holdings Pty Ltd ('Grays Online'), with the merged entity, Grays eCommerce Group Limited, being Australia's largest listed e-commerce group.
Advising Vocus Communications on all aspects of its proposed acquisition of Amcom Telecommunications Limited to create the third largest provider of corporate telecommunications services in Australia. Vocus and Amcom are both ASX-listed telecommunications infrastructure providers with extensive fibre optic network and data centre assets which offer cloud and telco services to enterprise, government and corporate clients. Vocus services the east coast and Amcom services the west coast with very little overlap and the two businesses are regarded as being highly complementary. The acquisition will be implemented by way of a scheme of arrangement under which Amcom shareholders will be issued new Vocus shares in exchange for their Amcom shares, valuing Amcom at $653 million.
Acting for TPG Telecom on its proposed takeover of iiNet by way of a recommended scheme of arrangement. The cash consideration of $8.60 per share values iiNet at approximately $1.4 billion.
Advised APN Outdoor Group Limited on its $425m float on ASX.
Acted for Lloyds Banking Group in a long term data hosting and access agreement with Hewlett-Packard Australia.
Advised Macquarie Radio Network Limited on its $200m merger with Fairfax Media.
Advising a large number of government departments, both in Australia and overseas, on a diverse range of TMT matters, including large-scale technology implementation projects
Acted for iSentia Pty Ltd in relation to the merger clearance of acquisition of the AAP media monitoring business assets.
KuangChi Science Limited (a Hong Kong exchange listed company engaged in the novel space services and other innovative technology business) has entered into an investment agreement with Martin Aircraft Company Limited (a New Zealand company), pursuant to which KuangChi Science Limited will invest in Martin Aircraft Company Limited and acquire a major shareholding in Martin Aircraft Company Limited in various stages over a three year period. The investment has been undertaken in conjunction with the initial public offering of shares in Martin Aircraft Company Limited on the official list of ASX Limited.