Mallam Lawyers is led by Paul Mallam, its director and principal. Paul has been one of Australia’s leading TMT legal practitioners for some 20 years, including 16 years as a partner in a top tier law firm. Over this period he has advised clients on thousands of legal, regulatory and commercial issues, from one-off advices to major projects in which Paul has led large teams over a number of years. The examples of our experience set out below reflect our focus on leading expertise, as well as the vast experience of both Paul and our other key people.
In Australia telecommunications is regulated by the Telecommunications Act 1997. We have advised extensively on this legislation, as well as the related provisions of the Trade Practices Act and the Radiocommunications Act. Our experience includes telecommunications joint venture arrangements, the sale and purchase of telecommunications businesses, carrier licensing and nominated carrier declarations, the supply and acquisition of telecommunications technologies, customer contracts and customer-facing issues such as marketing campaigns, customer privacy and product liability issues.
Media and Broadcasting
We have advised on most of the arrangements which underpin the media and broadcasting sectors in Australia, including all 3 of Australia’s major audience measurement agreements, most of the major program supply agreements, Australia’s advertising agency commission arrangements, the anti-siphoning regime, the retransmission regime, the introduction of digital television and digital radio and copyright in a media context. Paul is regularly asked by clients to advise on new policy and legislative proposals affecting the media sector. As a result of his regulatory expertise, he is often briefed to represent clients before regulatory authorities and to conduct regulatory appeals. Paul has acted in a number of the major industry-shaping legal cases in the media sector.
We have very strong expertise in the introduction of new technologies in Australia, especially on behalf of foreign companies entering the Australian market. Examples of these technology projects include the supply of a new generation of satellites in Australia, new billing systems, encryption technology, set-top boxes, new generation mobile phones, new on-line and internet functionalities, the licensing of IT systems, IT maintenance and other outsourcing agreements and the protection of copyright in computer programs. Paul has also acted in a number of major technology disputes, including the longest running IT case in New South Wales, which was brought to a successful conclusion through mediation. We have also advised extensively on the importation of new technologies, including trade and customs issues.
Internet and ecommerce
Through his work for Australia’s largest ISP and several of Australia’s most popular websites, Paul has advised on the full range of internet and ecommerce issues. His advice has included licensing of new internet functionalities, B2B and customer contracts, privacy and the use of customer databases, virtual worlds such as Second Life, user-generated content, copyright protection, content regulation and the implementation of arrangements to comply with Schedule 7 of the Broadcasting Services Act, which regulates on-line content in Australia. He has also advised on the acquisition and provision of internet content, including major sports, gaming applications and gambling over the internet.
Marketing, advertising and sponsorship
Our experience includes regular legal vetting for advertising and marketing campaigns. We have also advised on a wide range of sponsorship and other promotional arrangements. One of Paul’s core skills is the development of strategy and he has advised on issues such as ambush or parasite marketing strategies to protect high value investment in sponsorships, sports and other rights. Paul is also very familiar with the contractual structuring of marketing, sponsorship and other rights to maximise the value of mobile, on-line and other new media platforms.
Regulatory and policy
Prior to his legal career Paul worked in Government for 5 years and his knowledge of Government and political processes has resulted in his advice frequently being sought on policy and regulatory issues. His reputation is such that as well as his work in the TMT sector, clients have sought his regulatory expertise across a number of other sectors, including mining, agriculture and pharmaceuticals. Paul has also been retained by Government authorities to advise on administrative and procedural law issues.