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Being technology specialists, FAL frequently advises Defence-related organisations and companies contracting with the Department of Defence. Many of our clients are developing technology with direct or intended Defence application.

Special considerations and regulatory frameworks apply to this sector that develops some of the world’s most advanced technologies. Already complex arrangements around R&D and privacy issues may be subject to overarching principles such as ASDEFCON (Australian Standard for Defence Contracting) as well as International Traffic in Arms Regulations (ITAR).

The new Defence Trade Controls Act, 2012 (Cth) is of special importance to the R&D and Defence sector; FAL provides strategic advice to their clients on the impact of this new legislation.

Defence sector companies are businesses like any other when it comes to ongoing requirements for commercial legal advice. We can advise your business on corporate structuring, commercial contracts and employment contracts, while also helping you ensure you are operating in a tax-efficient structure and benefiting from concession in areas such as R&D tax.

If your business goal is a strategic exit through acquisition, we can help you ensure that the best possible value is obtained, through a comprehensive analysis of your assets, including IP.

Our services to the Defence sector:
  • Contracts & Agreements
  • Corporate Structuring / Transition
  • Corporate Governance
  • Employment
  • Mediation and Dispute Resolution
  • Intellectual Property
  • Information Technology
  • Patent & Technology Commercialisation
  • Trade Marks & Brand Strategy
  • IP Litigation & Dispute Resolution
  • Taxation Exemptions
  • Defence Export Controls
  • Customs & International Trade
Significant matters

FAL advised an advanced telecommunications hardware company supplying products for military use on a strategic joint venture agreement.

FAL consulted with the CRC Association on the potential impacts of the Defence Export Controls Bill, 2011 (Cth) on the R&D sector, assisted in the drafting of the Association’s submission to the Senate Committee reviewing the Bill prior to its enactment and met with the Chair of the Senate Committee as part of a delegation to express concerns on what may have been inadvertent restrictions in respect of the conduct of research in Australia.

FAL advised a collaborative research entity on the applicability of export controls in relation to intangible information (via such means as telephone, email and Skype).

FAL advised a defence-sensitive CRC on the employment and privacy issues in respect of persons engaged on sensitive projects.

Our lawyers advised the then Australian Submarine Corporation in preparation for development of privacy and internet use guidelines and policy.

Our lawyers advised a specialist electronics cable company on its acquisition by a Prime overseas defence company, as part of the Eurocopter project.

FAL provided advice on defence export controls in relation to the Square Kilometre Array project.