Patrick Gunning

Patrick Gunning

Patrick Gunning advises on a wide range of commercial and corporate transactions, with an emphasis on transactions involving material technology or IP. Patrick’s practice extends over the full life cycle of projects, and includes assisting clients to resolve disputes.

Patrick has been recommended in the following publications (all based on client and/or peer surveys), including:

  • Chambers Global
  • PLC Which Lawyer?
  • Euromoney's Expert Guide to the World's leading Technology, Media & Telecommunications Lawyers
  • Australian Legal Business Guide to Technology, Media and Telecommunications
  • IAM Licensing 250 - The World's Leading Patent and Technology Licensing Lawyers
  • Who's Who Legal
  • Best Lawyers.

Experience

  • 1990: Bachelor of Science, Bachelor of Laws, University of NSW
  • 1993: Senior legal research officer, High Court of Australia
  • 1994 - 2001: Solicitor and Senior Associate, Mallesons Stephen Jaques, Sydney
  • 2002: Partner, Mallesons Stephen Jaques, Sydney.

Recent Matters

  • Outsourcing agreements - Patrick has broad experience in advising clients in a range of outsourcing transactions including acting for the Australian Payments Clearance Association representing a group of 17 banks operating in Australia on a contract to design, build and operate Australia's New Payments Platform which is intended to facilitate near real-time clearing and settlement of electronic transactions (2014), advising Medibank Health Solutions as the provider of medical services to a Commonwealth agency (2012 - contract value approx $1.3billion), acting for a financial services group acquiring custody and funds administration services; acting for Glencore Queensland on their outsourcing of procurement functions to Accenture (2015, anticipated savings of > US$300m over 6 years); acting for a listed Australian property fund outsourcing certain finance and admin, HR and IT functions to an Indian provider.
  • Corporate venture capital - acting for clients on minority investments in early and growth stage tech sector businesses, including acting for the lead investor in Tyro Payments’ A$100m 2015 capital raising, for AMP New Ventures on their minority investment in Macrovue, for 3P Learning on their investments in Desmos and Learnosity, and for nib Holdings on the establishment of Digital Health Ventures.
  • Cloud computing, technology and telecommunications services and system implementation contracts - Patrick has acted in many such transactions, often involving mission critical systems or services. In recent years a number of Patrick's clients have replaced on-premises systems with cloud services, and Patrick's role has included advice on regulatory issues arising from such projects, in addition to involvement in the transaction process.
  • IT and IP aspects of numerous M&A and project finance transactions, including acting for 3P Learning on their Initial Public Offering (at the time, Australia's second largest tech sector float), for Westfield on their restructure to create Westfield Corporation and Scentre Group, for nib on their acquisition of World Nomads, and for Echo Entertainment in its demerger from Tabcorp.
  • Acted for Microsoft on numerous complex software licensing and long term services agreements. Representative transactions include acting on the whole of Commonwealth government volume licensing agreement and on Microsoft's strategic alliance with Telstra.
  • Gaming regulatory advice and transactions - Patrick advised The Star, the operator of the only casino in New South Wales, on their negotiations with the NSW government for the grant to The Star of certain product concessions, exclusivity to November 2019 and revised state duty imposts. Patrick acted as lead partner advising a bidder for the 40 year NSW lotteries licence.
  • Privacy advice, including advising on "big data" initiatives, telecommunications privacy issues, spam laws and complaints lodged with the federal Privacy Commissioner and the NSW Administrative Decisions Tribunal, and
  • Internet regulatory advice, including service provider regulation and online advertising and content regulation.

Memberships

  • Editorial panel and regular publications in the Privacy Law & Policy Reporter (1994-2006), including "Central features of Australia's private sector privacy law" (2001) 7 PLPR 189
  • Editorial panel and regular publications in the Internet Law Bulletin (1998-2011)
  • International Association of Privacy Professionals
  • NSW Society for Computers & Law
  • Copyright Society of Australia.

Location

Legal insights

From 1 July 2021, suppliers who provide products valued between $40,000 to $100,000 to any person will now be subject to certain aspects of Australian Consumer Law.

05 July 2021

NSW Fair Trading is likely to be more actively monitoring and enforcing new disclosure obligations introduced in 2020, which require suppliers to consumers to take extra steps to disclose certain...

11 May 2021

In a recent case a Federal Court judge found that the presentation of information to customers on a mobile phone screen was misleading in some circumstances.

10 May 2021

The Department of Home Affairs has released an initial draft of the Critical Infrastructure Asset Definition Rules (the draft Rules) for public consultation.

07 May 2021

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