Government
Government entities operate in a unique legislative and regulatory environment, with complex legal, commercial and political concerns.
We offer a dedicated team of skilled lawyers that are deeply committed to partnering with all levels of government.
We provide a fresh perspective to government, continuously striving for excellence and innovation, delivering advice and support that is defensible and consistent with policy and project objectives.
Our goal is to collaborate with government and we take great pride in being able to do work that impacts our community.
How we can help
We act for all levels of government – federal, state and local – and in various jurisdictions. This includes acting for State/Territory, Commonwealth and local government, as well as key government stakeholders and government businesses and authorities.
We have a strong track record acting for government, with a dedicated team of experienced practitioners who have provided trusted legal services and advice to government for many years.
Our team understands the culture and dynamics of the public sector and are adept at delivering outcomes while complying with rigorous accountability frameworks. This includes being able to demonstrate value for money.
Our significant expertise has resulted in our practice continuing to grow nationally. We are on whole-of-state government legal services panels in Victoria, New South Wales and the Northern Territory, and we advise many local governments across Australia. Recognising our deep expertise and commitment to government work, we were recently appointed to all legal areas of the Commonwealth Whole of Australian Government legal services panel.
We prioritise our relationship with Government, investing time to understand the political drivers and bigger picture outcomes that motivate our clients. Critical to this is having accessible, responsive partners and delivering advice that is defensible and can withstand public scrutiny.
As practised model litigants, we appreciate that the solution to a problem often requires a careful balance of policy, administrative and strategic imperatives.
Hall & Wilcox wholeheartedly supports government initiatives, from sustainability, gender equity and support for local business, to SMEs, First Nations organisations and vulnerable groups, through our Pro Bono and Community practice.
Commonwealth Government
We have a dedicated team of experienced Commonwealth practitioners who understand government. Prior to our appointment to the Whole of Australian Government Legal Panel, our team has undertaken strategically significant work on behalf of the ATO and Home Affairs, as well as acting for several Corporate Commonwealth Entities, FEG (DEWR) and key statutory authorities and government stakeholders.
Our collaborative, cross-practice team appreciates the drivers, risk-appetite and the legislative and regulatory frameworks that apply to the Commonwealth. This includes balancing legal, financial and policy considerations with reputational risk, public sector values and community expectations.
We provide market-leading legal advice in areas such as employment, administrative law, commercial transactions and specialisation, health, education, property and infrastructure, planning, privacy, ESG and technology/cyber.
Our team was named finalist for ‘Government Team of the Year’ at the Australian Law Awards 2023 and 2024.
State Government
We are trusted advisers to government in many jurisdictions, including the States of NSW and Victoria, the Northern Territory, and key statutory authorities and government stakeholders.
We hold broad appointments on the NSW, Victorian and NT government panels, recognising our commitment to deliver outstanding work in the public interest.
State Government – Victoria
We offer a deep understanding of the objectives and needs of our Victorian Government clients.
Our team delivers bespoke legal support to the Victorian Government on a vast range of issues, including strategically significant advice and litigation.
Our expertise spans a broad range of legal disciplines, including personal injury, administrative law, litigation, coronial inquiries and statutory interpretation. We are appointed to 11 of the 12 Areas of Law under the Victorian Government Legal Services Panel. This recognises the breadth of expertise we provide, with a commitment to delivering value through innovation and collaboration.
The Hall & Wilcox team is proud to deliver strategic legal solutions that align with the policy objectives, regulatory frameworks and the risk appetite of the Victorian government.
State Government – NSW
The NSW Government is committed to delivering world-leading education, healthcare and housing as well as investing in rail and road infrastructure, renewables and providing critical support to prevent family and domestic violence and help victims.
We act for many NSW agencies, providing quality legal services that support these strategic and policy objectives. Our team are proud to collaborate with government to achieve these objectives that impact the community and help it to thrive.
In addition to providing reputationally significant advice on commercial and employment issues and disputes, our team have helped deliver significant ICT projects, complex property and infrastructure transactions and volume debt recovery work.
Local government
We provide market-leading support to local government, featuring on the legal services panels of roughly 40 local councils across Australia.
We represent local governments in NSW, Victoria, WA, NT and Queensland. Our team are trusted advisers in significant property and planning projects as well as sensitive work, including bribery and anti-corruption matters. These matters often deal with Independent Commission Against Corruption (ICAC) public inquiries and investigations.
What sets our team apart is their ingrained understanding of the unique challenges, strategic imperatives, and complexities inherent in local government work, including high levels of accountability and reputational issues. Importantly, this extends to using a strategic approach to deliver outcomes efficiently and within funding and resourcing constraints.
- Advising on judicial review proceedings for the Minister for Immigration conducted in the Federal Circuit Court, the Federal Court and the High Court of Australia.
- Appearing as a solicitor advocate in the Federal Court, defending challenges to visa and immigration decisions such as applications for urgent injunction, refused applications for extension of time to seek judicial review of a personal decision of the Assistant Minister, allegations of bias and other outcomes upholding Ministerial and Departmental interpretation of the Migration Act 1958 (Cth).
- Providing tax technical litigation services under the ATO’s predecessor Tax Technical Legal Services panel. We are one of a limited pool of providers that can deliver this exclusive service to the Commissioner. We act in pre-litigation matters, such as audits and objections, including managing complex referrals to the ATO’s General Anti-Avoidance RulePanel.
- Representing the Commonwealth in high-profile Coronial Inquests and Royal Commissions, including the Royal Commission into the Home Insulation Program, the Royal Commission of Inquiry into the UN Oil-for-Food programme (the Cole Inquiry).
- Advising Note Printing Australia (NPA) on the procurement, sourcing and licensing various images used on Australian banknotes and passports. NPA acts under appointment from the Department of Foreign Affairs and Trade (DFAT) in some of these matters.
- Advising the Australian Federal Police in LPP disputes following execution of search/seizure warrants under the Crimes Act.
- Represented and advised the Office of the Australian Information Commissioner in proceedings in the Federal Circuit and Family Court of Australia and the AAT challenging decisions made under the Privacy Act 1988 (Cth) and the Freedom of Information Act 1982 (Cth).
- Acting for the Attorney-General’s Department and the Department of Employment and Workplace Relations (FEG) in recovery against high-profile receivers in one of the first litigated matters (which settled) about the operation of the control provisions within sections 340-341 of the PPSA.
- Providing legal advice and support to Commonwealth Superannuation Corporation (CSC) as trustee of the Public Sector Superannuation Accumulation Plan (PSSap), the Australian Defence Force Superannuation Scheme (ADF Super) and defined benefits schemes such as the Commonwealth Superannuation Scheme (CSS) and Public Sector Superannuation Scheme (PSS).
- Assisting Indigenous Business Association (IBA) with the acquisition of 106-112 High Street, Shepparton, Victoria, with an underlying land area of 1,200 sqm which has been pre-let to the Victorian Government Department of Treasury.
- Assisting Australian Rail Track Corporation (ARTC) to recover the costs of complying with an environmental action notice (EAN) issued by the Environment Protection Authority (EPA) under section 274(1) of Environment Protection Act 2017 (Vic) from third party contaminators of ARTC land.
- Assisting the Australian Human Rights Commission to prepare guidance materials on Business and Human Rights.
- Acting for State and local government and NFPs in the critically important social and affordable housing sector. Our firm is committed to helping tackle this issue and have worked on all the major social and affordable housing government initiatives over the past decade. We worked with community housing providers and associations on housing projects, property, regulatory matters under the community housing national scheme and the Victorian Housing Act, banking and finance, governance, tax, charity law, employment, planning and procurement matters. We assist with advocacy advice on key issues facing the sector.
- Acting for many NSW agencies through our appointment to the NSW Government Legal panel. This includes acting for Transport for NSW and Transport Asset Holding Entity, the Department of Customer Services, NSW Department of Education and Health Infrastructure. Matters in the past year have included advising Australia’s largest freight infrastructure project, The Moorebank Intermodal Terminal on its legal rights in respect of State-critical infrastructure. We acted for the New South Wales National Parks and Wildlife Service (NPWS) on a land swap in the Wolgan Valley (Blue Mountains region) with Emirates Hotels (Australia) Pty Ltd.
- Acting for the now Department of Environment, Energy and Climate Action on the delivery of the Solar Homes Program, one of the most ambitious and transformative renewable energy programs in Australia.
- Advising Breakthrough Victoria on its $2 billion investment fund.
- Advised the Hunter & Central Coast Development Corporation (HCCDC) in relation to the redevelopment of the former Pasminco smelter site at Boolaroo, NSW, which involved two separate projects – a proposed multi-staged residential development by Green Capital Group and Costco Wholesale Australia’s first NSW regional warehouse. The NSW Government estimates that the projects will inject approximately $300 million into the local economy.
- Advised the Head, Transport for Victoria (TfV) in its successful defence of a $35 million claim for alleged financial loss on sale under section 106 under the Planning and Environment Act. At first instance and on appeal, the Court held that an owner must demonstrate actual loss as a consequence of the reservation. The owners received no award of compensation from the Court, and are obliged to pay the Head, TfV’s costs. Brompton Lodge is now one of the leading authorities in Victoria on s106.
- Advising the Life Journeys program team, for the Department of Customer Service, NSW, which uses digital platforms to enable NSW citizens to have seamless and connected interactions with the NSW Government at key life events, on programs such as the Australian Death Notification Service and the ‘End of Life’ (EOL) phase of the program.
- Acting for a public sector regional rail operator in section 418 and 424 applications to stop unprotected industrial action and protected industrial action threatening the health and safety of the community. Drawing on our strong technical understanding of the Fair Work Act, our litigation expertise and our extensive experience advising clients on industrial strategy and stakeholder management, we successfully assisted our client to prevent the most disruptive forms of industrial action from occurring. We subsequently provided legal support regarding bargaining for the new enterprise agreement, including advising on applicable State specific public sector industrial relations policies, applicable constitutional principles including the Melbourne Corporation principle and requirements under the Fair Work Act.
- Advising City of Canada Bay, NSW, on the $75 million redevelopment of Concord Oval, transforming it into a world-class sporting, recreation and community facility.
- Advised Wyndham City Council, Victoria, on its largest development project undertaken in the Werribee city centre, which will deliver two commercial buildings and two residential apartment buildings, including 3000 square metres of Council space, a new public library and learning centre and approximately 1000 new car parks. This was a complex project with multiple stakeholders.
- Advised Tweed Shire Council, NSW, on COVID issues associated with the management and rental of council properties, liability issues that could arise in the event of a failure to apply or comply with COVID safety plans and advice regarding public liability and WHS connected with public events.
- Providing a local council in NSW with ongoing advice regarding proposed Notices of Motion on a high profile and significant project. Political sensitivities associated with the project resulted in a complex Notice of Motion that required urgent legal advice on its legality and efficacy, including the power of the General Manager under the Local Government Code of Meeting Practice. We provided a matrix analysis that aided Council’s Executive Team to deal with the proposed notice of motion in a respectful and timely manner. There was a highly positive outcome that allowed Council to move the project to the next stage.
