Technology Disputes

Technology Disputes Overview

Technology disputes are rising in the digital economy. Our team combines legal expertise and industry experience to handle disputes and litigation arising from the development, use and ownership of technology, including software development and implementation, intellectual property, data privacy and cybersecurity.

Our disputes and litigation work covers all aspects of the IT and technology industries. For example, we advise clients in the following areas:

• Suppliers, customers and governments on all aspects of IT disputes, including those arising from software development and implementation, and systems integration (including from the failure to meet project timelines, scope of works and the quality of deliverables)
• Outsourcing projects and IT services (including disputes arising from IT services agreements, outsourcing contracts, and the performance of IT services agreements) 
• IP disputes involving copyright, patent and trade secret issues relating to software, hardware and technology inventions, together with disputes relating to the protection of confidential information, trade secrets and proprietary data
• Disputes involving the scope of licences, unauthorised use of software or technology, or the interpretation of licencing arrangements
• Disputes relating to data breaches, the collection and use of personal information and cybersecurity incidents
• Disputes between shareholders or partners, and other investors and stakeholders in companies in the IT and technology industries
• Advising clients on billing scams and obligations under the Scam Prevention Framework Act 2025 (Act)

Case Studies

Some examples of the technology disputes and litigation we have handled includes:

• Acting for software company and provider of cloud-based medical rostering software in a contract dispute and related court proceedings against a major private hospital group relating to the termination of a SaaS agreement for the provision of rostering software to a number of private hospitals 02/09/2019-2020
• Advising a UK-based software company on its rights under a Master Software as a Service Agreement, upon the appointment of voluntary administrators to a customer, including consideration of termination rights under the service agreement and claims under a deed of company arrangement (DOCA) and a Creditor’s Trust 25/09/2019-2021
• Acting for the receivers and managers of Bizpay Group Limited (administrators appointed) (receivers and managers appointed), a B2B “buy now pay later” business, including advising on payment of priority creditor claims, and the sale of assets (incorporating Bizpay’s accounts receivables and loan book) to its secured creditor 14/12/2023-2024
• Acting for an investor and shareholder in a fintech company and former neobank, following the return of deposits and surrender of the company’s banking licence, including in respect of potential claims against the company and its then directors, and representing the client’s interests in a regulatory investigation of the fintech company by the Australian Prudential Regulation Authority (APRA) 07/01/2021-2024
• Advising a SAP consulting and solutions company in a dispute over terms in a master service agreement governing the contractual relationship, involving multiple complicated work streams and including disputed change request processes for delay 25/05/2020 - 2021
• Advising Special Broadcasting Service (SBS) on issues regarding the voluntary administration of MediaCloud, its IP broadcast and playout managed services provider 10/11/2020-2021
• Advising a global provider of IT business support systems, in various matters arising from the appointment of voluntary administrators to its Australian subsidiary company, including advising on IT-contract issues, establishment of a new business entity and claims by the Australian subsidiary of a multi-national customer alleging breach of contract 12/06/2013-2014
• Advising a global provider of IT business support systems, in proceedings against its Australian customer, a large telecommunications company, regarding the implementation of a client billing software system, termination of a master software licence and services agreement and claims for damages and outstanding fees 7/11/2011-
• Acting for an Australian medical technology company in court proceeding against a customer arising from an agreement to provide research and design services for a drug-delivery product 20/06/2011-2012
• Acting for technology development companies in court proceedings commenced by an IT services and support company, defending claims for fees allegedly owed under contracts for service relating to the support, customisation, integration and hosting of the clients’ Work Life Hub platform 29/03/2018