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Position

Partner

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Supporting providers to deliver superior student experiences and outcomes

Higher education services boosted with Wells Advisory team  FIND OUT MORE

Higher education

Our Higher education team has a deep understanding of the complex, unique and high-risk issues facing clients within the sector. Empower your institution for success by drawing on the unique and unparalleled expertise of MinterEllison's new education consulting service, resulting from our partnership with Wells Advisory.

MEET AN EXPERT

Empowering your success in a rapidly evolving sector

We provide cutting-edge insights – derived from an unrivalled track record working with universities, institutes, their partners, government and investors – and tailored advice to solve your most complex challenges. Discover how a combined legal, regulatory, risk, quality, technology and strategy advisory team can deliver you a truly seamless solution. We understand the unique mission, culture, processes, and regulation of the higher education sector, positioning us as the leading trusted advisor.

We support universities to achieve their statutory education functions and research functions, from advising on new campuses and precincts, commercialising their intellectual property, leveraging university resources to implementing policies and procedures. We also represent higher education institutions in claims brought by staff, students and unions in relation to grievance and misconduct matters, to courts, tribunals and government agencies as well as all aspects of industrial, safety and employment related matters.

As a dedicated team with former sector leaders and regulators, we immerse ourselves in your unique situation and guide you towards expert solutions. Our clients appreciate our up-to-date knowledge of the market, our attentive approach, focus on meeting challenging timeframes, and ability to solve complex issues.

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Our thinking and experience

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Our Higher education team regularly publishes new content. Please subscribe to the Higher education mailing list if you would like to receive these updates or  join our webinar series.

You can also request full recordings of past webinars.

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Legal advice at the forefront of change in education

Clients seek our depth and breadth of experience to identify opportunities, navigate challenges and provide solutions for them. We have been at the forefront of sector change, advising clients through the regulatory transition from States to the Commonwealth with a lens on their sustainability. Governing bodies and senior executive teams engage us on:

  • renewal of registration under the TEQSA Act and ESOS Act, and associated services
  • strategic planning for growth, sustainability, and turnaround
  • workforce and workplace performance management, change and leadership
  • corporate and academic governance review and improvement
  • education precincts and infrastructure project development
  • research performance, commercialisation investment and implementation
  • the rapid growth of and disruption to Australia's share of the international student market
  • supporting strong indigenous education outcomes
  • the emergence of the third-party delivery model to onshore and offshore students and transnational education opportunities
  • addressing historical and emerging incidents of gender-based violence, including sexual assault and harassment on campuses
  • underpayment remediations
  • officer health and safety due diligence obligations
  • risks to academic freedom and freedom of speech
  • foreign interference risk
  • maintaining information security with an emphasis on cybersecurity
  • crisis management, and the regulatory and litigious engagements that follow
  • the emergence of threats to academic and research integrity; and
  • corporate transactions in the higher education sector.

Knowledge and expertise

We work with stakeholders across the education lifecycle – from childcare and early learning providers, government and independent schools, vocational education and training providers, to higher education providers.

  • Education
  • Childcare and early learning
  • Schools
  • Vocational education and training
Education

EDUCATION

We work with stakeholders across the education lifecycle – from childcare and early learning providers, government and independent schools, vocational education and training providers, to higher education providers.

Childcare and early learning

CHILDCARE AND EARLY LEARNING

Our Childcare and early learning team deliver specialist legal services to domestic and international clients based on a deep understanding of the sector's compliance, funding and regulatory issues. These issues impact buyers, regulators and operators of centre-based day care, including long day care, occasional care, preschools and kindergartens.

We are leaders in best practice with expertise in acquisitions, consolidations and restructures, defending class action claims, and other corporate transactions. Our team have a genuine passion for the sector. They are committed to providing clients with tailored solutions to help them navigate the unique challenges and opportunities arising from ongoing changes and unprecedented disruptions within the sector.

Schools

SCHOOLS

Our Schools team provide legal services to government and independent schools. This experience has provided us with sector-leading insights into best practice and emerging issues and a deep understanding of the policy, operational and regulatory environment within which our clients operate. We can help clients to navigate the unique challenges and issues impacting government and independent schools across Australia.

We advise on matters including child protection investigations, discrimination of students and staff, enrolment and parent disputes, and safety and wellbeing. Our team has experience in the full range of employment and governance matters, including the particular duty of care and OHS issues commonly arising within a school environment.

Vocational education and training

Our Vocational education and training team assists registered training organisations, including TAFEs, with all aspects of the regulatory framework. They advise and represent concerning audits, compliance and other regulatory and legal action by the Australian Skills Quality Authority, the Commonwealth Department of Education, State departments of education and training and other regulatory bodies.

We have experience assisting our clients in avoiding tuition assurance breaches, dealing with multiple concurrent regulatory interventions and proceedings, entering the sector and facilitating wind-downs and exits from the sector. Our team can help clients develop strategies to maximise returns on legacy VET FEE-HELP assets while limiting reputational impacts on other parts of the business.

Get in touch with Kylie Diwell

Tune in to our university webinar series

Play video

Innovation and collaboration by design

Building design and organisational curation are increasingly used to promote purposeful innovation and collaboration. Partner Joanne Moore led this session, delving into topics such as transaction design, the incentives that drive behaviour, and the opportunities and challenges that arise over the course of successful collaboration relationships, and was joined by Partners Kylie Diwell, Lee Rossetto, and Anthony Poynton.

Play video

Workplace reform update

Partner Harriet Eager discusses the Federal Government's third round of workplace reforms. Special Counsel Kate Pennicott talks about the latest developments in research integrity. Partner Taya Hunt outlines the latest changes to migration laws affecting universities.


Play video

Workplace law reforms and what they mean for universities and higher education providers

Partner Harriet Eager and Special Counsels Kate Pennicott and Rob Humphreys discuss the workplace reforms that might be of particular interest to universities and higher education providers, namely the Secure Jobs, Better Pay changes, changes to some health and safety regimes, and the Respect@Work amendments.

Play video

Student accommodation opportunities

With the re-opening of borders and the re-commencement of face-to-face learning, purpose built student accommodation (PBSA) has bounced back as a key area of focus for many universities. Discussed are key issues and options for Universities when considering partnering with the private sector for new and/or existing PBSA assets.

Play video

Transnational education and international student market in Australia post COVID

Education industry leader Tom Fletcher chairs a panel discussion with Professor Richard Speed (Pro Vice-Chancellor – regional, La Trobe University), Paul Ramadge (Practice Lead International and Alliances, Wells Advisory) and senior associate Liz Emmett concerning the Australian Government's strategy for international education between 2021-2030, how it is likely to be implemented in the sector, recent regulatory developments and what this means for universities.

Play video

Employee entitlement compliance

Partner Harriet Eager and Special Counsel Kate Pennicott discuss the Fair Work Ombudsman's 2021/2022 annual report and the key considerations in employee entitlement audits and remediations, common causes of underpayments, tips on regulator and employee engagement and governance considerations.

Play video

Australia’s medical technology and life sciences sector – where to from here?

Kylie Diwell, Partner and National Lead Higher Education and James Hutton, Partner and National Lead of Life Sciences lead a discussion and share their insights on MinterEllison's recent Life Sciences Review including its impact on the University sector.

Play video

Managing allegations of sexual misconduct by students and staff

Amanda Watt chairs a panel discussion with Emeritus Professor Carol Dickenson AM (former Provost of Queensland University of Technology, and co-author of a recent external review of student disciplinary policy and processes in relation to Sexual Misconduct Complaints) and our partners Tom Fletcher and Joelle Grover on this important topic for the sector.

Play video

Managing construction projects in universities

Construction team experts Alex Lowe and Christian Camilleri discuss the challenges that might arise when delivering on-campus construction projects and property developments, and how to manage key procurement, delivery and operational risks.

Play video

COVID-19 related workplace issues in universities

Harriet Eager and Rob Humphreys provide an update on COVID-19 case law and an overview of the key COVID-related issues facing universities – including the (ever changing) health directives, vaccine mandates, rapid antigen testing and workplace health and safety risk.

Play video

Cyber risk in universities

Cyber risk experts Paul Kallenbach and Brad Veale explore the key steps universities should take to uplift existing controls and mitigate the risk of a cyber incident.

Lead contacts

Kylie Diwell

Partner, Education Industry Leader, Melbourne

Tom Fletcher

Partner, Brisbane

Michael Wells

Partner and Education Practice Lead, MinterEllison Consulting, Melbourne

Harriet Eager

Partner, Sydney

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