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  • Patrick Gunning

    Partner
    Sydney
    T: +61 2 9296 2170
    M: +61 418 297 018
 

 Professional Biography

 

  • Patrick Gunning is a partner in our Sydney office specialising in commercial transactions involving intellectual property and technology.

    Patrick's practice includes advising on and negotiating technology contracts and advising on regulatory issues facing the IT and internet sector. He is experienced in dealing with a wide range of technology and business process contracts, including outsourcing, software development and licensing, and distribution agreements. His practice extends over the full life cycle of technology projects and includes assisting clients to resolve disputes.

    The Chambers Global guide to leading business lawyers has described Patrick as "an extremely impressive lawyer" (2009 edition) who has “an excellent knowledge of technology and supports clients with practical advice on any contentious issues” (2008 edition). Intellectual Asset Management's guide to the World's leading patent and technology licensing lawyers (2011) describes Patrick a “excellent, with intelligence, curiosity and the ability to find a practical application for the law to business goals, as well as being always responsive and available."

    Patrick is also an experienced general commercial lawyer, with an emphasis on procurement by corporate groups and contracting with government agencies.

    Patrick regularly advises on IP and IT aspects of mergers and acquisitions, strategic alliances and financing transactions.

    Patrick also provides counsel on Australia's privacy laws.

    Patrick has been recommended in the following publications (all based on client and/or peer surveys):

    • Chambers Global
    • PLC Which Lawyer?
    • Euromoney's Expert Guide to the World's leading Technology, Media & Telecommunications Lawyers
    • Australian Legal Business Guide to Technology, Media and Telecommunications
    • IAM Licensing 250 - The World's Leading Patent and Technology Licensing Lawyers
    • Who's Who Legal
 

 Experience

 
  • 1990: Bachelor of Science, Bachelor of Laws, University of NSW
  • 1993: Senior legal research officer, High Court of Australia
  • 1994 - 2001: Solicitor and Senior Associate, Mallesons Stephen Jaques, Sydney
  • 2002: Partner, Mallesons Stephen Jaques, Sydney
 

 Recent Matters

 
  • Patrick has a long standing relationship with Microsoft, and has represented them since 1995. Representative transactions include acting on the whole of Commonwealth government volume licensing agreement (a co-ordinated procurement following the Gershon review of the Australian Government's use of information and communication technology), on Microsoft's strategic alliance with Telstra (announced 2008) and on the launch of Microsoft Financing in Australia
  • Represented a bank in its acquisition of a mission critical financial markets trading platform
  • Business process outsourcing agreements (acting for a wealth management group acquiring custody and funds administration services; acting for bank acquiring cheque processing services; acting for a third party administrator supplying superannuation funds administration services)
  • Patrick represented Star City, the operator of the only casino in New South Wales, in their negotiations with the NSW government for the grant to Star City of certain product concessions, exclusivity to November 2019 and revised state duty imposts. The transaction gave Star City sufficient regulatory comfort to justify substantial redevelopment and expansion of the casino.
  • IT and IP aspects of major transactions, including acting for HBOS in its sale of BankWest and St Andrews to CBA and for the financiers to the successful consortium for replacement of NSW Rollingstock (Australia's largest PPP project by dollar value)
  • Trade mark portfolio management for a range of clients, mostly in the financial services sector
  • Privacy advice, including advising on telecommunications privacy issues, spam laws and complaints lodged with the federal Privacy Commissioner and the NSW Administrative Decisions Tribunal, and
  • Internet regulatory advice, including service provider regulation and online advertising and content regulation.
 

 Professional Memberships

 
  • Editorial panel and regular publications in the Privacy Law & Policy Reporter (1994-2006), including "Central features of Australia's private sector privacy law" (2001) 7 PLPR 189
  • Editorial panel and regular publications in the Internet Law Bulletin (since 1998)
  • International Association of Privacy Professionals
  • NSW Society for Computers & Law
  • Copyright Society of Australia.