Complex dispute with high profile IT service provider
We recently successfully advised one of Australia’s leading companies in relation to the resolution of a dispute with a global IT company.
The dispute involved the failure of two large related projects involving cutting edge technologies and significant development and integration work. The facts were complex and involved difficult technical and legal issues about the extent to which the service provider - and arguably our client - had failed to perform their respective contractual obligations.
Our IT Disputes Team worked with our client to confirm and develop its claims. We negotiated the termination of the project contracts with the service provider and then worked with our client to devise a dispute resolution strategy involving a structured, expedited mediation rather than conventional litigation. This included the selection of a mediator whose standing as a mediator and approach to mediation made it more likely that a successful outcome would be achieved.
Before mediation there was a complete lack of consensus between the parties about any of the substantive issues in dispute, both legal and technical. After two days of mediation, the dispute was resolved in favour of our client, with the service provider agreeing to a substantial, confidential settlement.
Dispute with a major IT supplier regarding administration system
Mallesons successfully represented a statutory authority in a dispute with a major IT supplier. Our client’s claim arose out of the supply and implementation of a technology-based administration system.
Mallesons achieved a favourable outcome for our client after proceedings were filed and the parties participated in mediation.
Insurance company dispute with IT supplier
Mallesons acted for an insurance provider in a dispute with an IT supplier regarding the alleged use of an IT system in an unlicensed manner. The supplier claimed retrospective licence fees on the basis of non-compliance with the licence. Our client maintained it had been operating in a compliant manner under the terms of the licence.
Mallesons successfully assisted the parties to reach and implement a commercial settlement favourable to our client.
Publishing company dispute with IT supplier
Mallesons acted for a publishing company which engaged an IT supplier to redevelop its website and implement a content management system. The supplier failed to deliver the system. We advised on termination of the agreement and on expediting mediation. Following the mediation, the dispute was resolved on favourable terms.
Mallesons is currently assisting a number of clients to resolve IT disputes, including:
- A large Government Business Enterprise which engaged an IT provider to design, develop and implement an accounting and customer relationship management IT system. The accounting component of the system was delivered, but the CRM component was not. The parties then sought resolution through mediation.
- Two of our clients are involved in separate disputes with the same software supplier regarding the terms of their licences. The supplier is claiming that our clients have been acting in an unlicensed manner for a number of years by using contractors who access the licensed software, and is seeking retrospective licence fees. We are working with our clients to ensure they can achieve the most efficient resolutions of the disputes.
Other IT and technology-related disputes we have acted in include:
- failed software implementations
- claims by a customer that it owned the copyright in software and programs developed by our client for distribution on a application service provider basis
- disputes relating to IT outsourcing and the awarding of tenders
- misleading and deceptive conduct claims under sections 52 and 53 of the Trade Practices Act 1974 (Cth), and
- protection of confidential information.