Government and Public Law

AH has a superior knowledge of, and background in, the practice of government and public law. A number of AH’s lawyers have held senior positions in federal and state government agencies, including the Australian Securities & Investments Commission (ASIC), NSW Trade & Investment and as Counsel to the Takeovers Panel.
A founding partner, Tony Hartnell, was the inaugural Chairman of the Australian Securities Commission and National Companies and Securities Commission (predecessor organisations to ASIC), Senior Assistant Secretary in the Attorney–General’s Department, a Member of the National Companies and Securities Advisory Committee, a Member of the Trade Development Council, Special Legal Adviser to the Australian Government Inquiry into Telecommunications and Deputy Secretary of the (then) Commonwealth Department of Business and Consumer Affairs.
Our experienced team has advised on some of Australia’s most significant Public Private Partnerships and major government projects, including transport and logistics, telecommunications and for landholders (including, residential, retail, mining and energy and aviation). AH’s lawyers have also advised on probity and tendering matters, both for the public and private sector.

AH is appointed to the Commonwealth Government’s Legal Services Multi-Use List in the following categories of legal work:

  • Government and Administrative Law;
  • Corporate and Commercial Law; and
  • Dispute Resolution and Litigation.

The NSW Government has awarded AH "Full Prequalification" status on its Performance and Management Services Scheme, with no limits to the value of any engagement, in the following areas:

Performance Review
   - Agency and Program Reviews
   - Policy/Strategy Reviews
   - Legislative/Regulatory Reviews

   - Strategy and Planning
   - Contracting
   - Communication

AH lawyers understand the technical requirements of working with Government and public bodies. AH is able to provide standardised documentation which takes into account Government’s internal procedures for making and authorising decisions. We recognise the statutory and policy framework under which issues are brought to us and that individual matters often do not take place in a vacuum. Our lawyers are experienced in working with clients to identify and resolve matters which have “whole of agency” or “whole of Government” implications.
Examples the high-profile Government and public law engagements carried out by AH’s lawyers include:

  • Acting for the Australian Competition and Consumer Commission (ACCC), Department of Defence and the Commonwealth Scientific and Industrial Research Organisation (CSIRO);
  • Acting in many ASIC and Australian Taxation Office (ATO) related compliance matters;
  • Working with many NSW Departments and regulators, such as the Environment Protection Authority and Transport for NSW (roads, rail, maritime and buses);
  • Advising various NSW Councils in relation to multi-billion dollar transport and waste collection and recycling facilities, including on Commonwealth land;
  • Acting on key infrastructure and transport projects, such as the Lane Cove Tunnel, M5 East, M7 and Melbourne’s CityLink; and
  • Acting for Seven West Media in connection with its successful AD(JR) challenge to search warrants and related orders issued in respect to the Schapelle Corby proceeds of crime investigation.