Communications Lawyers
“We are lawyers with a passion for Communications Law”
Experience that counts
Established in 2000, Nicholls Legal is a law firm located in South Melbourne, Australia. Our general areas of practice include Technology, Communications, Intellectual Property, Defamation, Commercial Law and Disputes – including specific expertise as Communications Lawyers.
As one of the most experienced Communications Lawyers in Australia, Matthew Nicholls has acted on numerous commercial, regulatory and contentious Communications Law matters. Typical Communications Law matters that we have worked on include:
Commercial
- Providing the lead legal and regulatory advice to TransACT in relation to its formal tender for the $4.7 billion NBN.
- Acting for the vendor in the sale of a mid-sized telecommunications provider in New South Wales.
- Acting for the vendor in the sale of a telecommunications fibre-to-the-home network in Western Australia.
- Acting for the vendor in the sale of a telecommunications company in New Zealand.
- Advising a State water authority on contract provisions for a telecommunications tender.
- Acting for the Australian Competition & Consumer Commission in preparing model non-price terms and conditions for access to core telecommunications services.
- Acting for various building owners in relation to site access agreements for communications facility installation.
- Negotiating and drafting all forms of Communications agreements, including business/major asset sale and acquisition, supply, distribution, agency, joint venture, telehousing, interconnect, technology development and exploitation, technology assignments and transfers, outsourcing, facilities management and confidentiality agreements.
- Acting for numerous clients in negotiating telecommunications access and interconnection agreements.
- Advising in relation to preparing and maintaining standard forms of agreement pursuant to Part 23 of the Telecommunications Act 1997 (Cth).
- Providing legal advice and content for Digital River’s Digital Building Telecommunications Access Guideline.
- Advising a major telecommunications equipment supplier in relation to emerging regulation of Voice over IP-capable devices.
Regulatory
- The full range of ACCC, ACMA and telecommunications self-regulatory issues. Matthew Nicholls served two years on the board of directors of ACIF Limited (now Communications Alliance), the Australian telecommunications industry’s self-regulatory vehicle.
- Providing the lead external legal and regulatory advice to the Commonwealth Department of Communications Information Technology and the Arts in relation to its review of telecommunications regulation in Australia, having regard to next generation networks.
- Preparing a substantive submission on behalf of TransACT in relation to the ACCC’s merger enquiry into Telstra’s proposed acquisition of Austar.
- Providing the lead legal and regulatory advice to TransACT in relation to its submission to the Government in relation to regulatory issues regarding the NBN.
- Preparing the regulatory submissions in relation to the NBN on behalf of Acacia Australia and TransACT (two of the tenderers for the Government’s NBN tender).
- Providing legal advice to industry organizations such as the Competitive Carriers’ Coalition, in relation to the NBN.
- Incorporating and providing regulatory advice to the Competitive Carriers’ Coalition, Inc.
- Assisting in the preparation of a submission to the ACCC in relation to Telstra’s pay TV third line forcing notifications.
- Advising various clients in relation to obtaining telecommunications carrier licences and assisting in obtaining a trial certificate.
- Advising local government on “undergrounding” of telecommunications facilities.
- Advising in relation to the requirements for obtaining a broadcasting licence pursuant to the Broadcasting Services Act 1992 (Cth).
- Assisting in the preparation of a submission to the ACCC in relation the ACCC’s Dispute Resolution Guidelines.
- Providing advice in relation to securing access to the Integrated Public Number Database.
Disputes
- Acting for four defendants in Telstra’s High Court challenge to the constitutional validity of telecommunications-specific provisions of the Trade Practices Act 1974 (Cth).
- Representing multiple defendants in the Federal Court of Australia in relation to two administrative law challenges brought by Telstra.
- Acting for numerous parties in the Australian Competition Tribunal (Federal Court jurisdiction) review of ACCC access decisions relating to PSTN, Unconditioned Local Loop Services, Line Sharing Services and Mobile Terminating Access Services.
- Acting for numerous parties in various ACCC access arbitrations, including in relation to PSTN, PSTN termination, GSM, LCS, LSS, ULLS and MTAS.
- Advising and obtaining advice from senior counsel in relation to claims of anti-competitive conduct pursuant to Part XIB of the Trade Practices Act 1974 (Cth).
- Providing an expert determination in relation to a freephone and local rate number portability dispute.
We have successfully represented parties in litigation at all Australian Superior Court levels, including the Victorian Supreme Court, the Victorian Court of Appeal, the Federal Court of Australia and the High Court of Australia.
In addition to our expertise as Communications Lawyers, we also specialize in Cloud Law, Commercial & Business Law, Competition & Consumer Law, Defamation & Media Law, Information Security & Privacy Law, Intellectual Property Law, Internet Law and Technology & IT Law.
Competitive Fees
We offer very competitive fees including a free initial consultation. Please contact Matthew Nicholls (ph: +61 3 8376 7131) to discuss your Communications Law requirements.
