The Australian defence and aerospace sectors are experiencing a period of rapid change. Although this presents tremendous opportunity, it has given rise to constantly evolving regulatory requirements and unique commercial challenges.

Our team has been involved in some of the most complex and significant defence and space projects undertaken in Australia. Our service combines technically precise legal advice with deep commercial and subject matter knowledge. 

Defence

We have advised on some of Australia’s largest and most complex Defence projects, across the Land, Sea and Air domains. Our team members have worked with Defence over a long period and have a strong understanding of Defence procurement processes as well as the broader operating environment. Our experience spans the whole of the Capability Life Cycle, including procurement planning, the selection of contractual structures, contract drafting, tender development and evaluation, contract negotiations, contract management and disputes.

We can assist with:

• drafting and responding to RFIs, RFQs, RFPs and RFTs; including preparation and assessment of Statements of Non-Compliance, AIC plans and schedules (including under the revised ASDEFCON AIC framework), TDSR responses and IP Plans, and Confidential Information responses;
• the ASDEFCON contracting suite (including, in particular, Strategic Materiel, Complex Materiel Vol 2 and Support);
• negotiations between Defence and industry in respect of contractual and technical documentation;
• subcontracts (including Approved Subcontracts);
• collaboration structures including alliancing, teaming agreements, research and development, and joint venturing;
• compliance with export control and customs legislation;
• assistance with planning and managing supply chains, including preparing and planning through-life support agreements, determining appropriate performance measures and ensuring appropriate contractual flow downs;
• IP protection, exploitation and litigation;
• procurement policy and legislation, including the Commonwealth Procurement Rules and the Government Procurement (Judicial Review) Act 2018; and
• compliance with anti-bribery and corruption legislation.
  

Our lawyers have previous in-house experience and possess active AGSVA security clearances.

Aerospace

Space

Our team has advised clients on some of the most significant space matters undertaken in Australia. We work closely with many of the key regulators and government departments (including the Department of Industry, Science, Energy and Resources, and Department of Defence) relevant to the space sector and understand how they make decisions.

We can assist with:

• satellite construction contracts;
• commercial exploitation arrangements;
• procurement contracts and launch services agreements;
• export controls;
• sale and purchase of space-related services;
• operations and services contracts;
• licensing and regulatory approval of space activities and other regulatory matters; and
• spectrum concession agreements.
  

Aviation and airports

Our lawyers have worked on many aviation and airport matters of significant public interest. These include the procurement of fleets of aircraft for the Department of Defence (C27 Spartan, KC-30A Multi-Role Tanker Transport, PC-21 trainer), the regulation of Australia’s major airports, and outsourcing contracts for the provision of ground support equipment. Members of our team have previous in-house experience working within many of the government regulators and departments that are relevant to the aviation industry (including the Department of Infrastructure, Transport and Regional Services and the Department of Defence).

We can assist with:

• sale, purchase and leasing agreements;
• charter agreements and cross-hire agreements;
• registration and operation of aircraft;
• engine purchase, exchange and leasing agreements;
• service and maintenance supply agreements;
• operational agreements (e.g. Ground Handling Agreements and Code Share Agreements);
• terminal service agreements and airfield services agreements;
• consumer terms and contracts (e.g. conditions of carriage and ticket conditions);
• regulatory and administrative law issues involving all regulation relevant to airlines and aircraft operators (including the Civil Aviation Act 1988, the Air Navigation Act 1920, noise and environmental regulations, and International Conventions); and 
• regulatory and administrative law issues involving all regulation relevant to airports (including the Airports Act 1996, the National Airports Safeguarding Framework (NASF), and the Aviation Transport Security Act 2004).