Freehills has a strong track record in the defence industry, having acted for both government and private sector suppliers for a number of years.

We regularly advise suppliers in the defence industry on:

• request for proposals / request for tender processes and regulatory requirements
• contracts with the Department of Defence
• joint ventures and alliances formed by suppliers for the purposes fulfilling contracts
• mergers and acquisition activity
• disputes relating to defence contracts.

Our team is very familiar with the underlying procurement policy approaches adopted by the Department of Defence, such as risk allocation, use of financial guarantees, ownership and licensing of intellectual property, and the obligations of ‘fitness for purpose’. Our industry knowledge also means we are able to provide relevant and pragmatic advice on other important issues such as indemnities, warranties, insurance, limitation of liability, escrow arrangements, rights of termination, jurisdiction, dispute resolution and novations.

We have acted for clients on both acquisition and ongoing maintenance and support of equipment and have an in-depth understanding of the impact of legislative and policy developments on defence suppliers.

Our recent experience in the defence industry includes:

• DMO – JP2077: Advised the DMO on the engagement of Mincom as systems integrator and software vendor to upgrade the Department of Defence’s management and logistics technology.
• Department of Finance and Administration: Acted for the Department of Finance and Administration in the preparation of the scoping study for the proposed sale of Australian Submarine Corporation.
• Single LEAP: Acted for a bidder in the Single LEAP military accommodation project.
• Defence headquarters: Acted the ABN AMRO / Leightons consortium on its successful bid to design, construct and operate the Department of Defence Headquarters Joint Operations Command (HQJOC), the first ever Commonwealth PPP project.
• Air 9000 program: Advised a bidding consortium on the Air 9000 program which was intended to rationalise the Australian Defence Force’s helicopter fleet and improve through-life operational and maintenance support services.
• F-18 Hornet upgrade: Advised the Department of Defence in relation to the FA-18 Hornet upgrade.

Freehills’ experience in the defence industry means that we understand the risks, benefits and advantages in implementing alliance arrangements in your major projects. Our lawyers have extensive experience in advising on partnering arrangements with defence contracts.

We are fully conversant with the legal implications of having a partnering charter. We understand the key elements of an alliance approach and can ensure that these elements are incorporated into your corporate culture and take advantage of your existing skills.

We can advise you on selecting your alliance partner, including undertaking appropriate risk management analysis, develop and manage your alliance partner selection process, and provide you with cutting edge alliance documentation.