Data centres

Access to power is fundamental. We advise on securing it, from grid connection through to long-term supply.

• Grid connection and network arrangements – advising on transmission and distribution connections, network augmentation, cost allocation, security arrangements and the connection of large loads in the National Electricity Market.
• Energy procurement and offtake – structuring power purchase agreements, retail supply contracts and other arrangements designed to provide price certainty and support sustainability commitments.
• Renewable generation, firming and storage – advising on co-located and off-site renewable generation, firming arrangements and battery storage supporting data centre demand.
• Market participation and compliance – advising on registration, compliance and engagement with energy market rules and institutions, including emerging expectations relating to demand flexibility and curtailment.
• Energy policy and regulatory reform – helping clients understand and respond to reforms affecting network costs, large energy users, renewable investment and grid stability.
• Long-term energy strategy – developing flexible energy strategies that respond to regulatory change, constrained capacity and evolving operational requirements.

We help developers and operators secure and keep the approvals they need, from site selection through to expansion and any challenges along the way.

• Site selection and approvals strategy – assessing planning and environmental constraints to identify suitable locations and viable development pathways.
• Planning approvals and permitting – securing approvals for new data centres, expansions and associated infrastructure across Australian jurisdictions.
• Environmental assessment and compliance – advising on environmental impact assessments, permits and continuing compliance obligations.
• Utilities and infrastructure approvals – securing approvals for power, telecommunications, water and other essential infrastructure.
• Infrastructure contributions and planning agreements – negotiating development contributions, voluntary planning agreements and related delivery arrangements.
• Approval amendments and expansion projects – amending existing approvals to increase capacity, support expansion and preserve operational flexibility.
• Planning appeals and litigation – representing clients in planning objections, merits reviews, court proceedings and approval disputes.
• Government and stakeholder engagement – helping clients navigate regulatory reform, government processes and community consultation to reduce approval risk.
• Cultural heritage and native title – managing planning and development requirements relating to cultural heritage, native title and other site-specific constraints.

We advise operators and their customers on the contracts and regulatory obligations that govern how a data centre runs, including the critical infrastructure and data rules.

• Customer arrangements – advising on customer-facing contracts for high-performance computing, GPU-as-a-Service, AI hosting, cloud, managed services and white-label offerings.
• Colocation arrangements – structuring and negotiating colocation agreements, including service levels, space and power commitments, fit-out obligations and exit arrangements.

• Regulatory strategy and licensing – advising on sector-specific licensing, authorisation and compliance requirements, including Australia’s Security of Critical Infrastructure regime and Hosting Certification Framework.

• Data sovereignty and privacy – advising on data localisation, cross-border data transfers and privacy obligations affecting data centre operators and customers.
• Technology procurement and supply chains – negotiating contracts and managing risk across hardware, software, equipment, connectivity and other critical technology inputs.
• Interconnection and network arrangements – advising on carrier agreements, interconnection services and network access rights supporting data centre connectivity.

We help developers, operators and investors secure, hold and expand the land a data centre needs, including the rights to bring in power and connectivity.

• Site acquisition and assembly – identifying, acquiring and undertaking due diligence on strategic sites, including land for campus-scale developments and future expansion.
• Site control and landowner arrangements – negotiating options, access rights, licences and other arrangements needed to secure and maintain control of development sites.
• Infrastructure access rights – securing easements, land rights and access arrangements for power, telecommunications and other supporting infrastructure.
• Development structuring – advising on development agreements and property structures that support staged delivery, operational resilience and future growth.
• Leasing and occupation arrangements – advising developers, operators, occupiers and investors on leases, sale-and-leaseback transactions and other complex property arrangements.
• Acquisitions and disposals – supporting transactions involving operating assets, portfolios and development sites, including joint ventures and capital partnerships.
• Asset management and expansion – advising on ongoing property management, site expansion and the optimisation of operational assets.

We advise developers, operators and investors on procurement and construction, including staged campuses and projects delivered in live environments.

• Delivery model strategy – structuring EPC, D&C, ECI, hybrid and staged delivery models that allocate risk appropriately and meet investor, lender, developer and operator requirements.
• Hyperscale, colocation and enterprise developments – advising on greenfield campuses, brownfield expansions and projects delivered within live operating environments.
• Procurement and contractor engagement – designing procurement strategies for construction, technology, equipment and critical infrastructure packages, including tendering, contractor selection and contract negotiation.
• Complex project interfaces – managing risk across contractors, consultants, utility providers, equipment suppliers and technology vendors, including interfaces between construction, power, connectivity and operations.
• Testing, commissioning and handover – developing contractual frameworks for performance testing, commissioning, acceptance and operational readiness, including reliability standards and performance guarantees.
• Critical infrastructure integration – addressing delivery risks associated with power, connectivity, water and other infrastructure dependencies, including capacity constraints and long lead times.
• Staged delivery and expansion – supporting phased and campus-style developments that must be progressively constructed and commissioned while preserving flexibility for future demand.
• Project governance and risk management – advising throughout delivery on contract administration, change management, governance, claims, dispute avoidance and emerging project issues.

We act for borrowers and lenders, including sponsors, banks, private credit funds, institutional investors and infrastructure funds.

• Development and project finance – structuring debt for greenfield developments and campus expansions, with funding tied to construction milestones, commissioning requirements and staged capacity growth.
• Acquisition finance – financing data centre acquisitions, portfolio transactions and strategic investments.
• Capital markets and hybrid funding – advising on debt capital markets issuances, hybrid securities, convertible notes and other capital markets solutions.
• Structured and asset-backed financing – developing financing structures supported by infrastructure, technology equipment, receivables and other mission-critical assets.
• Refinancings and capital restructurings – refinancing existing debt and optimising capital structures to support expansion and future funding requirements.
• Cross-border and multi-source financing – coordinating transactions involving domestic and international banks, private credit providers and institutional capital.
• AI and technology infrastructure financing – advising on funding for AI infrastructure, GPUs, high-performance computing and other technology-intensive assets.

We act for private equity sponsors and infrastructure, pension and sovereign wealth funds across the investment cycle, from acquisition through to exit.

• Acquisitions and strategic investments – advising private equity sponsors, infrastructure funds, pension funds and sovereign wealth funds on investments across the digital infrastructure sector.
• Platform establishment and growth – supporting the creation and expansion of data centre platforms through acquisitions, equity investment, joint ventures and strategic partnerships.
• Cross-border transactions – advising on multi-jurisdictional investments involving international sponsors, operators and strategic counterparties.
• Investment and ownership structures – designing ownership, governance and co-investment arrangements aligned with commercial objectives and long-term value creation.
• Portfolio management – advising on follow-on investments, restructures, strategic portfolio initiatives and the introduction of new capital partners.
• Exits and liquidity events – supporting disposals, secondary transactions, recapitalisations and other exit strategies.
• Sector-focused investment advice – combining private capital expertise with an understanding of the operational, regulatory and commercial issues affecting data centre investments.

We help clients manage the environmental, disclosure and supply chain risks that come with data centre projects and respond when regulators act.

• Environmental and resource impacts – assessing and managing the environmental implications of power, water and land use throughout the project lifecycle.
• Sustainability disclosures and greenwashing – testing environmental and carbon-related claims against regulatory expectations and developing credible disclosure and reporting frameworks.
• Modern slavery and supply chain governance – advising on supply chain due diligence, modern slavery obligations, governance and lender expectations.
• Indigenous rights and cultural heritage – managing native title, cultural heritage, consultation and land access obligations, particularly for regional and large-scale projects.
• Regulatory investigations and enforcement – responding to regulator inquiries, investigations and enforcement action concerning environmental, consumer, governance and sustainability obligations.
• ESG governance and risk management – establishing governance frameworks that support defensible decision-making, monitoring and reporting.

We act in disputes across the life of data centres, from grid connection and construction through to customer, supplier and insurance claims.

• Grid connection and utility disputes – resolving disputes concerning connection costs, timing, capacity, network access and priority.
• Construction and delivery disputes – managing claims arising from delays, scope changes, defects, supply chain disruption, performance requirements and contractual risk allocation.
• Planning and approval challenges – advising on objections, merits reviews, judicial proceedings and other challenges affecting project approvals.
• Customer and operational disputes – resolving disputes concerning colocation, service levels, capacity, outages, performance and customer arrangements.
• Technology and supply chain disputes – advising on disputes involving equipment, software, connectivity, technology procurement and critical suppliers.
• Insurance and risk allocation – advising on coverage, claims and contractual risk allocation for capital-intensive and business-critical facilities.
• ESG-related disputes – defending sustainability claims and managing litigation or regulatory action relating to greenwashing and ESG disclosures.

Tax considerations vary across owners, investors, operators and customers. We help clients anticipate and manage key areas of ATO scrutiny.

• Financing and thin capitalisation – managing tax risk across complex funding arrangements and applying Australia’s thin capitalisation rules throughout the funding chain.
• Permanent establishment – assessing whether a non-resident’s access to, or control over, Australian data centre activities may create an Australian permanent establishment.
• Anti-avoidance rules – advising on structures that may attract scrutiny under the general anti-avoidance rule, multinational anti-avoidance law and diverted profits tax.
• Royalty withholding tax – assessing payments involving intellectual property and intangible assets, including potential royalty withholding tax and anti-avoidance exposure.
• Transfer pricing – supporting the pricing and profit attribution of Australian data centre operations within multinational groups.
• Managed investment trusts – advising on the characterisation of data centre investments and customer arrangements for managed investment trust and Division 6C purposes, including distinctions between colocation and hyperscale models.
• Tax on exit – managing capital gains tax and foreign resident capital gains withholding considerations for disposals of Australian data centre investments.
• Tax disputes and ATO engagement – supporting clients through reviews, audits, disputes and engagement with Australian tax authorities.

We advise international investors and operators on FIRB approvals, national security issues and merger clearance.

• National security considerations – assessing the foreign investment implications of data, critical infrastructure, sensitive sites and government customers.
• Transaction structuring – coordinating foreign investment strategy with acquisition, financing, ownership and governance arrangements.
• Competition law and merger control – advising on merger clearance and competition issues arising from acquisitions, joint ventures and strategic partnerships.
• Regulatory engagement – managing submissions, information requests and engagement with relevant government agencies and regulators.