The last decade has seen dramatic changes in the telecommunications and media sectors, with both a rapid increase in the number of companies doing business in this market and an expansion of products on offer to consumers. This has meant there is no shortage of work on offer for law firms who have established a reputation in this diverse sector. How it develops in future years will in no small part be determined by how law firms in Australia and New Zealand manage to adapt to a rapidly changing market and meet the ever increasing demands of their clients.

 

 

Even though Gilbert + Tobin is primarily regarded as a Sydney firm, this award winning practice is nationally respected for its TMT work, with such comments as “without doubt, they are the best in the industry. They have a lot of expertise and are very deep in their talent”. It is this talent that allows it to punch above its weight and two partners in particular stand out for special mention. Long-time partner Peter Waters is described as a “Telco regulatory expert who brings with him lots of international experience”. His long serving colleague, Peter Leonard, is likewise praised for his extensive knowledge of the technology and communications sector. Many clients in Australia and New Zealand consider G+T to have build an extremely component team that is hard to match anywhere else.

 

At Holding Redlich, both Ian Robertson and Sonia Borella were described as ‘”both being brilliant” for their wide range of TMT experience, especially advising a broad range of clients across what can be very complex areas.

 

Also in Sydney, Mark Feetham at Middletons has a loyal following for his many years of work on telecommunications transactions, with comments such as “they are a fantastic firm. Mark’s service and results are fantastic.” At Dibbs Abbot and Stillman, Johns Reens concentrates on technology and telecommunications, with clients saying “his advice is excellent”. 

 

Another firm in Sydney which has grown quickly in the areas of communications and technology and established a loyal following is Truman Hoyle. They are regarded as being a “very professional and price conscious outfit and represent value for money.” Meanwhile, DLA Phillips Fox has also been growing in the technology and IP sectors and attracting the interest of tech and media companies. Nick Abrahams at Deacons brings unique TMT experience to his clients, having previously worked as an Inhouse Counsel himself. Simon Barnett at Watson Mangioni was also commended for his as a firm with

 

 

A standout in the Melbourne market is Nicholas Pullen at TressCox. He is considered to have formidable experience in the media sector and when he left Holding Redlich several years ago, a number of clients followed him.

 

 

The Brisbane office of Holding Redlich was mentioned for the quality of its work, especially in telecommunications law. Paul Venus was described as offering “excellent advice and service. More particular, he runs informative seminars and workshops. His billing practice is mature, one of the few Partners where you don’t need to minutely scrutinise his bill. He builds trust, which is a key issue for Inhouse Counsel.”

 

Malcom McBratney at McCullough Robertson is well respected for his wide knowledge of intellectual property and copyright issues as they relate to media and broadcasting, including the challenging areas of the internet and e-commerce.

 

 

While most of the main activity is focused on the Eastern Seaboard, there is nonetheless plenty of scope for smaller firms in other parts of the country. For example, Peter Campbell at Kelly & Co has a loyal following in Adelaide advising a number of the leading media companies in South Australia, both in electronic and print. Over at Thomson Playford, Adrian Tembel works for technology companies from around Australia, with clients saying “the Adelaide office has the depth of talent required to do the job properly, even for interstate clients”

 

On the west coast, the Perth firm of Steinepreis Paganin was a popular local choice. One client referred to them as being “great, good at everything they do for us.” Wright Legal was also mentioned as having good expertise in the media sector.

 

 

Mallesons Stephen Jaques has a very solid team which stands out for the praise it receives nationally. Neil Carabine in the Melbourne office is regarded by many as probably the leading telecommunications lawyer in Australia due to his enormous experience both here and in Asia. He is described as “fantastic. What is unique about Neil is the fact that he has worked across all areas and has a very comprehensive understanding of the industry.” Others in the Mallesons team who are singled out for special mention are Tony O’Malley in Sydney, who is “excellent on the competition and regulatory side of things” and Cheng Lim, also in Melbourne (“Cheng’s knowledge of technology and IP is very good”).

 

The Melbourne office of Minter Ellison also has a strong TMT team. In particular, two Partners were mentioned for the advice they give. Don Clarke was singled out for his expertise, with one client describing him as “one of the best lawyers in Melbourne.” Oliver Barrett was also commended for his technology practice and his many years of experience in this area.

 

Freehills is another firm with a strong team in the TMT sector. Mark Crean, Leon Pasternak and Paul Hughes in Sydney are mentioned as being very good in covering all aspects of TMT work, especially Mark with his extensive experience and Paul, with his “very strong understanding of regulatory requirements.” Luke Hastings was also mentioned as being highly skilled in litigation involving media disputes.

 

Blake Dawson is a firm that can also claim to have a team with considerable expertise, with the Sydney office standing out in this area. Two Partners that are mentioned as outstanding are Paul Mallam and Robert Todd, with both being described as very good.

 

Finally, Clayton Utz, Allens Arthur Robinson and Baker & McKenzie mentioned as firms that offered expertise across the TMT sector.

 

 

 

As a small market, the number of partners specialising in telecommunications and media is not large. However, the lack of quantity is made up for in quality, with both large firms and niche players receiving praise.

 

At Chapman Tripp, both Andy Nichols and Neil Anderson in Wellington have been commended for the high level of service and advice they offer their clients, with the Leading Partner, Mark Reese being praised for the way he participates in discussions and “ensures whoever fronts on particular matters briefed is the most appropriate … and any negative issues are dealt with quickly. He is very flexible and an extremely commercially focussed lawyer in his own right and very focussed on the outcomes sought, without compromising standards.”

 

Buddle Findlay in Auckland is used by a variety of companies operating in the TMT sector. In particular, Philip Wood is recommended by clients who say they are “extremely happy with the quality of his advice.” Both the Auckland and Wellington offices of Russell McVeagh were also noted for the ability of their Partners to advise across a broad range of issues in the TMT sector, with Pip Greenwood, David Clarke and James Palmer all being mentioned. Clients were also fulsome in their praise for Dean Oppenhuis at Bell Gully, saying “he has a very clear understanding of their business and offers consistent and pragmatic commercial advice”.

 

Vodafone New Zealand singled out MGF Webb & Co in Auckland as a firm which is growing strongly after being formed in 2004. The lead partner, Malcolm Webb, is used by Vodafone for specialised telecommunications regulatory advice and commenting that it “has high regard for Malcolm’s drafting skills and telco advice, much of which requires an appreciation for the history and nuance of telecoms, as it has evolved in this relatively small and geographically remote market.” Another boutique firm used by Vodafone is Wilson Harle and their Partner Allison Ferguson, who is highly regarded by Vodafone for her “seemingly limitless energy and always a sunny disposition. She is a consummate legal professional, with robust commercial insight and superb people skills.” Finally, Kensington Swan has been used by Vodafone for the last two years. Peter Missingham and Neil Miller advised Vodafone when they acquired ihug in late 2006, and “received high marks from my senior VF colleagues on their handling of that transaction. Significantly, the KS team succeeded in maintaining confidentiality in relation to that highly strategic acquisition – never an easy feat in any market.”

 

Another small niche firm that is commended for its work is the recently formed Hudson Gavin Martin in Auckland. A “new firm, but with very good people”, one of the founding partners Simon Martin is regarded as being “excellent”.

 

Needless to say, despite all this activity a common theme mentioned by many Inhouse Counsel in both Australia and New Zealand is that there is a fairly small pool of specialists they can deal with. This is particularly true in the telecommunications sector, where a few very big companies tend to dominate, which makes it harder for smaller companies to obtain good quality legal advice. The consensus is that clients are largely looking for Partners that won’t be “conflicted out” and who will return their loyalty. On the question of conflict of interest, however, few said they had encountered this as an issue and was not one they anticipated meeting in the future.

 

When asked the hypothetical question if the Partner they used was to leave, would you follow or stay with the firm, the answers were varied with some saying they would follow, while others would stay, saying that the firms themselves had often invested a great deal of resources in building excellent teams beneath the Partners that contained a great deal of talent. Some Inhouse Counsel when previously confronted with this choice said they had split their work between the new and the former firms.

 

 

In the preparation of this report, ALB conducted telephone interviews with in-house counsel and company secretaries of telecommunication, media and technology companies in Australia and New Zealand. These companies were primarily listed on the ASX under the three categories of telecommunications, media and technology, and on the NZX under the media and communications category. Over 140 companies were approached an responses were received 42 of these. Follow-up research was conducted using both the client companies’ and the law firm’s website. Peer reviews were also sought. Interviews were mainly conducted during the period 3 October to 14 November 2007.