Sensis - outsourcing agreement
Mallesons is acting for Sensis, the directories arm of Telstra, in renegotiating its outsourcing arrangements with its major service provider. This involves managing contributions from both parties and providing strategic advice to Sensis to progress negotiations.
Lead partner: Cheng Lim.
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Bank of Queensland - Renegotiation of outsourcing agreements with HP (EDS)
Mallesons acted for Bank of Queensland (BoQ) to renegotiate a $900 million agreement with EDS and HP concerning the outsourcing of BoQ's business processing and IT systems.
Lead partner: John Swinson.
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Metro Trains Melbourne - Melbourne Rail Franchise
Mallesons acted for Metro, the successful tenderer, in its bid to operate and maintain the Melbourne Metropolitan Train System under a franchise agreement with the Victorian Department of Transport (effectively, the outsourcing of the operations of a passenger railway network). This involved advising Metro on the negotiation of a franchise agreement together with a large number of related agreements with other operators and entities involved in the public transportation system, to enable Metro to operate and maintain the rail network. We also acted on various sales of business which were inherent in the overall franchising transaction and we continue to act for Metro in relation to the operation of the Melbourne Rail Franchise.
Lead partner: Cheng Lim.
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Lloyds Banking Group (Australia) - Software-as-a-Service delivery for commercial lending
Mallesons acted for Lloyds Banking Group (Australia) in their acquisition of a commercial lending solution from Fidelity Information Services (NYSE: FIS). We advised from the early stages of the project on regulatory risks posed by offshore hosting, through to negotiation of the transaction documents that provide for the implementation and delivery of the solution over a long term. The transaction was driven by the divestment of the BankWest business, which had provided most IT infrastructure for Australian business of Lloyds/HBOS and gave Lloyds an opportunity to replace a mission critical system that had been hosted in-house with a Software-as-a-Service solution.
Lead partner: Patrick Gunning.
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United Energy Distribution - Distribution Network outsourcing
Mallesons is acting for United Energy Distribution in outsourcing arrangements for its electricity distribution network. United Energy has issued a Request for Proposal and is currently in negotiation with vendors in anticipation of the expiry of its current outsourcing agreement. We are also advising United Energy of its rights and obligations under its current outsourcing arrangements in light of its proposed outsourcing.
Lead partner: Cheng Lim.
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TRUenergy AIMRO Project
Mallesons is acting for TRUenergy on the acquisition and implementation of systems to support the roll-out of the smart metering in the retail electricity market. Our contribution has included advising on the structuring of the transaction to ensure an optimal result for TRUenergy in terms of the management of systems integration risk, selection of the technology platform and securing access to and rights vis-à-vis the software licensor. We have supported TRUenergy in the development of the request for tender and the draft contract terms.
Lead partner: Mark Weber.
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ConnectEast - Eastlink Freeway Project Restructure
Mallesons acted for ConnectEast, the Concessionaire of Melbourne’s EastLink Freeway, on the restructuring of the complex arrangements between the State of Victoria, Theiss John Holland (TJH), SICE (the tolling system subcontractor) and ConnectEast in relation to the ongoing licensing and support of the Freeway’s tolling System. The restructure involved excising TJH from the ongoing licence and support arrangements, the creation of direct arrangements between ConnectEast and SICE and a complete recasting of the current licence and escrow arrangements.
Lead partner: Mark Weber.
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Department of Climate Change Procurements
Mallesons advised the Department on the procurement of a registry system to act as the basis for the Australian Government’s compliance with the Kyoto Protocol and on their procurement of an Auction System and Settlement System for the auction of Australian emission units under the proposed Carbon Pollution Reduction Scheme. The registry is particularly significant as it will also be used to register all carbon credit transitions under the Government’s proposed new domestic Emissions Trading Scheme.
Lead partner: Adam Bartlett.
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AMP Limited - renegotiation of investment operations outsourcing agreement with BNP Paribas Securities Services (BNP2S)
Mallesons acted for AMP in relation to its investment operations outsourcing arrangements with BNP2S for a substantial period. The contract is valued as Australia’s largest investment operations outsourcing deal and is mission critical to AMP.
Lead partner: Patrick Gunning.
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DTI v Brisbane City Council
Mallesons acted for DTI in relation to a dispute regarding the implementation of a multimillion dollar advanced onboard wireless security system on Brisbane City Council buses. We assisted DTI to commence proceedings in the Supreme Court of Queensland; seeking a declaration that DTI was not in material breach of the contract, and an order that the Council allow DTI to access its sites and systems to continue installation of the system. We continue to assist DTI in relation to negotiations to resolve the dispute.
Lead partner: John Swinson.
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AEMO - Australian Wind Energy Forecasting System Project (Ph 2)
Mallesons acted for the Australian Energy Market Operator (AEMO) Limited on phase two of its arrangements with a Franco-German consortium for the development, licensing and implementation of a wind energy forecasting system. We had earlier worked with AEMO on the negotiation of upstream arrangements with the Commonwealth Government relating to the funding and establishment of the system and the contracts with the consortium in relation to phase one. We advised AEMO on all aspects of the transaction including the flow-down of terms from the Commonwealth funding arrangements and the development of the various licensing arrangements needed to support the licensing-in of wind forecasting data, and the licensing out of access to the system by a range of end users, including the Australian research community.
Lead partner: Mark Weber.
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RACQ Insurance - Disengagement of IT operations and outsourcing arrangements
Mallesons acted for RACQ insurance in relation to the disengagement of IT operations and outsourcing arrangements from its existing service provider. The deal required disengagement from a service provider who will be a competitor during the disengagement process. It also involved transformation from a number of legacy systems as part of the overall transition.
Lead partner: John Swinson.
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Superpartners Core Systems Replacement Project
We advised Superpartners on the restructuring of its Core Systems Replacement Project. This involved assistance with the negotiation and documentation of restructured arrangements with Synchronised Software for the development, licensing and support of the core funds administration platforms and the corresponding arrangements with Tata Consultancy the supply of development, integration and support services.
Lead partner: Mark Weber.
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Department of Innovation Industry Science and Research - Vanguard whole of government program for secure electronic B2G communications
Mallesons advised the Department on the procurement of a wide range of hardware, software and related services required to establish the operating platform. Our advice considered the Commonwealth’s risk position and analysis of the PKI arrangements. This is a whole of government IT project (across the three levels of government). The project aimed to enable online authentication of persons wishing to do business with the Commonwealth electronically using PKI technology and a range of digital certificates obtained from different departments and agencies.
Lead partner: Adam Bartlett.
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