Internet Lawyers

“We are lawyers with a passion for Internet 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 – and we have specific expertise as Internet Lawyers.

Typical Internet Law matters that we have worked on include:

  • Negotiating and drafting all forms of Internet/ISP 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.
  • Sale and purchase of domain names.
  • Advising in relation to auDA domain name policies.
  • Providing the lead legal and regulatory advice to TransACT in relation to its formal tender for the $4.7 billion NBN.
  • Acting for SmartyHost in the sale of the company to MYOB Ltd.
  • Acting for the vendor in the sale of a mid-sized Internet 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 Internet provider in New Zealand.
  • Acting for the purchaser in the acquisition of a web-based software development company in New South Wales.
  • Acting for numerous Internet providers in negotiating telecommunications access and interconnection agreements.
  • Advising in relation to preparing and maintaining standard forms of agreement for Internet providers pursuant to Part 23 of the Telecommunications Act 1997 (Cth).
  • Acting for the Australian Competition & Consumer Commission in preparing model non-price terms and conditions for access to core telecommunications and internet services.
  • 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.
  • Advising a major telecommunications equipment supplier in relation to emerging regulation of Voice over IP-capable devices.

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 Internet Lawyers, we also specialize in Cloud Law, Commercial Law & Business Law, Communications Law, Competition & Consumer Law, Defamation & Media Law, Information Security Law & Privacy Law, Intellectual Property Law and Technology & IT Law.

See our publications on Internet Law here.

Competitive Fees

We offer very competitive fees including a free initial consultation.  Please contact Matthew Nicholls (ph: +61 3 8376 7131) to discuss your Internet Law requirements.

Our latest Internet Law eNews items are below:

  • Australian Information Commissioner’s Statement on US ‘PRISM” Surveillance Program- From the OAIC:  The Australian Information Commissioner, Timothy Pilgrim, has issued the following statement on the United States ‘PRISM’ surveillance program: Reports on the surveillance of the communications and online activity of citizens by US intelligence agencies have raised a number of questions, including what this means for the privacy of individuals. Privacy is a […]
  • IACCM publishes 20 critical information security controls- From the IACCM:  The International Association for Contract & Commercial Management (IACCM) has published a useful checklist for businesses seeking a guide to information security controls. Based on the SANS Institute’s ‘Top 20 Critical Controls’ document, the guidance is useful for businesses to prioritise and fund information security initiatives.  The top 20 tips are Inventory […]
  • Attorney General announces mandatory data breach notification laws- From the office of the Australian Attorney General:  The Commonwealth Attorney General has announced new laws to be introduced into Parliament requiring businesses and organisations to inform individuals when a data breach involving their personal information has occurred. Attorney General Mark Dreyfus QC made the following remarks: “With businesses and government agencies holding more information […]
  • US Judge suggests evidence that Apple took part in eBook pricing conspiracy- From Cellular News:  A US Federal Judge has stated that there is likely evidence that Apple had conspired to increase the price of eBooks. Apple has previously refused offers from the US Department of Justice  (DOJ) to settle, as part of the DOJ’s ongoing investigation into the pricing of eBooks. At a pre-trial hearing US […]
  • ACMA warns AAPT about privacy- From the ACMA:  The Australian Communications and Media Authority (ACMA) has formally warned AAPT Limited (AAPT) regarding its to protect the privacy of its customers’ personal information as required by the Telecommunications Consumer Protections Code (TCP Code). The ACMA initiated an investigation into AAPT following media reports that some of AAPT’s customer data had been […]
  • OAIC investigating Telstra data breach- From the OAIC:  The Office of the Australian Information Commissioner (OAIC) has opened an investigation into a data breach that resulted in the publication of Telstra customer’s private information online. Australian Privacy Commissioner Timothy Pilgrim issued the following statement: “Telstra has briefed our office about this incident and advised that the documents are no longer […]
  • ACCC – Proceedings instituted against ByteCard Pty Limited for unfair contract terms- From the ACCC:  The Australian Competition and Consumer Commission (ACCC) has commenced proceedings in the Federal Court against Internet Service Provider ByteCard Pty Limited (ByteCard, better known as Netspeed Internet Communications) alleging that a number of clauses in the ByteCard standard form consumer contracts are unfair contract terms and should be declared void. The alleged […]
  • California introduces ‘right to know’ data access bill- From ZDNet:  California Assembly Member Bonnie Lowenthal has introduced a bill that may force companies operating in the state to follow EU-style data and privacy rules.   The Bill follows intensive lobbying by two major US privacy groups, the Electronic Frontier Foundation (EFF) and the Northern Californian branch of the American Civil Liberties Union (ACLU). The […]
  • Key EU nations take legal action against Google- From TechNewsWorld:  6 key EU nations have joined forces to take legal action against Google over the privacy protections of its user data. France, Spain, Italy, the UK, the Netherlands and Germany have announced that they will take joint legal action against Google over its privacy policies.  The action will include investigations, and possible fines.  […]
  • Case Note: Rana v Google Australia Pty Ltd [2013] FCA 60- From the Federal Court, Inforrm’s Blog and Defamation Watch:  The Federal Court has issued its decision in Rana v Google Australia Pty Ltd [2013] FCA 60.  The decision has been described as a win of sorts for Google, though not entirely in the terms that they would have preferred. Facts/Background Mr Rana sought damages from […]
  • Microsoft Launches Patent Monitoring Service- From Forbes and Microsoft:  Microsoft has launched a service designed to enable anyone to determine which of its patents are owned and by whom.  The internet based patent monitory service tracks changes to a variety of Patent Registers in Europe and North America to help with its cause.  The Patent tracker can also track changes to patent families and […]
  • Groupon warned by ACMA about its email unsubscribe process- The Australian Communications and Media Authority (ACMA) has  formally warned online retailer Groupon Australia Pty Ltd after determining that they had sent daily email newsletters to people without their consent. Consumers complained that the unsubcription service offered by Groupon only ubsubscribed them from one of several Groupon daily newsletters, and that they continued to receive […]
  • NBN Satellite Launch Contract Signed- From the Department of Broadband, Communications and the Digital Economy:  NBN Co has signed a contract for the launch of two next-generation satellites to deliver high-speed broadband to Australians living in rural and remote areas. “The contract is the final step needed to ensure that the NBN’s long-term satellite service is available to people living […]
  • What Australian businesses need to know about cloud compliance- From ZDNet:  Australia often draws up regulation based on tried and tested laws from around the world. But there are times when the country pushes for bold new legislation that may be out-of-step with our technology-centric modern society. Prime examples of these include changes to its Privacy Act, which have taken four years to reach […]
  • TCP Code Requirements Effective 1 March- From the Communications Alliance Ltd:  The new Telecommunications Consumer Protections (TCP) Code requires all Australian service providers to give customers a standardised format “Critical Information Summary” (CIS) outlining everything needed to make an informed purchase, and/or to readily compare offers from different providers. In addition, new billing requirements also taking effect on 1 March mean […]