Tim has significant experience working on information technology, telecommunications and broadcasting matters, such as outsourcing, systems integration, cloud and platforms, payment system arrangements and data arrangements. Tim’s work in this area spans the entire lifecycle of projects, from procurement, contracting and negotiation, contract management, and disputes (including software audits and disputes). Tim works across the entire set of contract documentation, not only the front-end terms but also assisting in the development and negotiation of service descriptions, service levels, governance regimes and pricing documentation.
Tim also works on novel and complex contracting matters generally, including matters as diverse as strategic alliance arrangements, distribution agreements, and concession agreements.
Tim also advises on a number of regulatory areas related to the above areas of practice, particularly privacy and data, and consumer law issues (with a particular focus on unfair terms, including compliance reviews and responding to regulatory investigations). Tim’s privacy and data experience includes:
- assisting organisations to assess and comply with their privacy obligations, particularly businesses in highly regulated industries such as financial services or healthcare, or businesses undertaking new and innovative marketing activities. This includes advising on federal, state and health-records legislation;
- advising on privacy-related issues in a transactional context. Such transactions include cloud computing and other offshoring arrangements, data sharing and analytics arrangements, M&A, insolvencies and complex transactions generally; and
- advising on privacy failures and data breach issues, including on reporting obligations to, and investigations conducted by, privacy regulators.
Legal 500 2021 states: “The leader of the Technology and Digital practice, Tim Gole is a remarkably smart, down to earth and patient partner with an extraordinary work ethic. Tim provides amazing service, sets expectations well, and is highly available despite clearly having a flourishing practice”.
Tim’s experience includes advising:
- Calvary Healthcare on its delivery of hospital-in-a-home services to patients across Adelaide, as part of a joint venture with Medibank, and as engaged by the South Australian Government.
- Australian Big-Four Bank on a range of ongoing and new strategic IT programs, including substantial renegotiations of agreements for the provision of a share trading platform on a white-label basis with two major wholesale clients; the procurement of data warehouse systems; working with the Bank’s innovation group including on cloud sourcing projects; and advising on a number of claims against IT vendors in relation to significant incidents.
- GrainCorp on the $350m sale of its liquid terminals business, and in particular the long-term storage agreement with ANZ Terminals for GrainCorp’s continued use of storage capacity following the sale.
- IOOF on its $975m acquisition of ANZ’s wealth management business, including in relation to the proposed strategic alliance agreement between IOOF and ANZ.
- The NSW Government on the $2.6b privatisation of the State’s land titling registry, including ongoing advice in relation to data and interoperability matters.
- BPAY in relation to Osko, the first overlay service to be provided on Australia’s New Payments Platform (including development of the associated scheme rules) and ongoing work in relation to the BPAY payments scheme. Tim has also separately acted for eftpos and AusPayNet.
- The ABC for many years in relation to the broadcaster’s national transmission services agreements with Broadcast Australia and various other matters.
- A range of clients on their outsourcing arrangements generally, including two of Australia’s big-four banks, a large Australian superannuation fund, Perpetual, The Travel Corporation and Carnival.
- The NSW Government in its procurement and ongoing contract management for the Opal public transport ticketing system.
- CBA, Westpac, ANZ and NAB in the negotiation by these big-four banks with PEXA for participation in the national e conveyancing scheme.
- Australian Big-Four Bank on negotiating several long-term renewals of its whole-of-enterprise relationship with IBM.
- Australian Big-Four Bank and Credit Union Australia on the procurement of new core banking systems.
Awards and Recognition
Recognised as "Lawyer of the year" for Privacy and Data Security Law.
Recognised as a Leading Individual in IT and Telecoms and Data Protection
Ranked in Band #2 in TMT: Information Technology
Recognised in Outsourcing Law, Privacy & Data Security Law, Information Technology Law, Telecommunications Law
Recognised as a Recommended Technology, Media & Telecommunications lawyer (NSW)
“The leader of the Technology and Digital practice, Tim Gole is a remarkably smart, down to earth and patient partner with an extraordinary work ethic. Tim provides amazing service, sets expectations well, and is highly available despite clearly having a flourishing practice”.
"A strong technical lawyer, a strategic thinker and an absolute pleasure to work with.”
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