About Us

We work collaboratively with our clients to build strong, sustainable relationships. Our team is committed to delivering consistent high standards of service, and we understand the importance of accessibility. Working with us, you'll enjoy open communication, meaning well scoped, properly resourced and effectively managed matters.

Learn More

Latest Case

Assisting on whole of government technology agreements November 2, 2017

Maddocks advised the Commonwealth Government’s Digital Transformation Agency (DTA) on its whole of government purchasing agreement with SAP. The DTA was set up in 2015 to assist government departments and agencies with digital transformation and … Continued

Latest News

Winner of the first William Ah Ket Scholarship announced November 21, 2017

Tuesday 21 November 2017 A solicitor in a Victorian government agency is the first winner of the William Ah Ket Scholarship, a $5,000 prize named after the first barrister of Chinese heritage in Australia. K … Continued

Latest Article

Maximum term contracts considered by the Commission: has their use expired? December 11, 2017

Last week, in what is a decision with potentially significant implications, the Fair Work Commission Full Bench has overturned the legal principle underpinning the widespread use of maximum term contracts. These contracts are a common … Continued

Kevin Phelan Partner

Background

Kevin is a senior commercial lawyer with experience in large scale government projects and high value private sector transactions.  Kevin has provided strategic advice to the State of Victoria (including at ministerial and department head levels) regarding a number of the highest value projects undertaken in recent years and is recognised by his clients as a leading adviser in relation to government procurement.  In the private sector he regularly advises clients in relation to sales of companies and businesses, corporate restructuring and commercial contracts and transactions. Kevin is ranked in the Australian Financial Review’s Best Lawyers in the category of Commercial Law in 2018.

Legal Expertise

  • Contract law and contractual drafting
  • Corporate acquisitions, structuring and funding arrangements
  • Government tendering and procurement (including outsourcing arrangements)
  • Information Technology and Intellectual Property
  • Public Private Partnerships
  • Sale of business transactions
  • Strategic advice to government

Relevant Experience 

  • Acting for the Department of Transport in the School Bus Contract Review project, a matter involving over 1,500 contractors and expenditure of over $2.3 billion
  • Advising Corrections Victoria in relation to the renewal and variation of the contracts relating to the management and operation of Port Phillip Prison (contract value exceeding $150m) and Fulham Correctional Centre (contract value exceeding $80m)
  • Advised and prepared contracts relating to the acquisition, installation and maintenance of all road safety technology systems in Victoria including: Geelong Road; Western Ring Road; Hume Freeway; Eastlink Tollway; and Speed/red light installations (2 contracts)
  • Acting for the Department of Transport in projects relating to the drafting, negotiation and execution of over 100 contracts relating to country and regional bus services and V/Line bus services.  Total contract value exceeding $500m
  • Advising Consumer Affairs Victoria in the procurement project relating to the provision of technology and services to manage funds (currently approximately $350m) held in respect of estate agent bonds
  • Acting for the Department of Justice in the Forensic Health Services Project.  Under this project a number of health services provided by different suppliers were sought to be combined into one new contract and offered to the market with the intention of appointing one lead services provider.  The project included management of the unique challenges involved in such a combination of services and total contract value was expected to exceed $200 million
  • Advised in relation to the ongoing contract management of the Traffic Camera Office/Enforcement Management System outsourcing contract with Tenix Solutions Pty Ltd. This contract saw the management of more than $450m in annual revenue to the State at an annual cost of over $50m
  • Acting for the Working with Children Check unit of the Department of Justice in the procurement of services under 2 major contracts relating to application management and card production
  • Advising National Legal Aid in relation to a project to deliver one computer system for all commissions (the Atlas project). This has included contract drafting (a GITC v4 contract) and advice on the RFT, project structure and procurement issues
  • Providing advice and drafting services concerning the review and re-tendering of all prisoner transport services in Victoria on behalf of Victorian Police and the Office of the Correctional Services Commissioner
  • Acting for the successful consortium led by Baulderstone Hornibrook Pty Ltd for the Partnerships Victoria prisons project relating to the construction and maintenance of two new prisons (Metropolitan Remand Centre and Correctional Programs Centre) for a period of 25 years involving capital expenditure of approximately $240m
  • Acting for the then Department of Infrastructure in advising on the structure and development of the constitution to establish the office of the Public Transport Ombudsman, a company limited by guarantee
  • Acting in the establishment of Bushfire CRC Ltd, a Co-operative Research Centre that is developing a centre of excellence to lead and co-ordinate bushfire research.  Members of the CRC compromise 30 government agencies, educational institutions and scientific bodies from across Australia and total funding for the enterprise is $100m
  • Advising the participants in relation to the establishment of the National Aerial Firefighting Centre Ltd, a company limited by guarantee with members that include firefighting agencies from across Australia. The company facilitates the availability of a fleet of firefighting aircraft and its funding for this purpose exceeding $50m over five years
  • Acting as the legal adviser to the Independent Investigation into the Management and Operation of Victoria’s Private Prisons which led to the publication of the Kirby Report
  • Drafting the contract that governs the provision of emergency services telecommunications to all Victorian emergency services organisations (contract value: approximately $150m over 5 years)