About Stephen

Stephen is a Senior Associate with more than 18 years’ experience advising Commonwealth, State and Territory departments and agencies on complex commercial, procurement, technology and dispute resolution matters. He advises on a broad range of high-value and strategically significant procurements, contracts and transformation projects, with particular expertise in ICT, digital and technology-related procurements.

Stephen has extensive experience advising on the full lifecycle of procurements and contracts across both technology and general commercial projects, from procurement strategy, market approach and contract development through to negotiation, contract management, scope changes, performance remediation, transition and disengagement. He regularly advises on major ICT procurements and commercial arrangements, including managed services, SIAM arrangements, purchase of significant hardware, cloud services, software licensing, cyber security services and AI-enabled solutions, as well as broader commercial procurements and contracting matters.

Stephen is recognised for his practical and commercially focused approach to managing legal and procurement risk in large-scale government projects. He frequently undertakes complex contract negotiations and advises on (amongst other things) intellectual property and licensing arrangements, cyber security obligations, transition in and exit planning and contract disputes and supplier performance issues. He also assists agencies to develop procurement documentation, template contracts, negotiation strategies and governance frameworks for emerging technologies, including artificial intelligence.

Prior to joining Maddocks, Stephen held a number of senior in-house legal roles within the Commonwealth, where he led major commercial projects and advised on some of the Government’s most significant ICT procurements and transformation initiatives. This experience provides him with a deep understanding of Commonwealth legislative and policy requirements, government decision-making, procurement and grants frameworks, probity requirements and the operational challenges faced by public sector clients.

Stephen is valued for providing clear, strategic and pragmatic advice that is aligned with his clients’ commercial, operational and policy objectives. He is known for building strong client relationships, navigating complex stakeholder environments and helping agencies achieve successful outcomes on critical technology and procurement projects.

Experience

• Department of Health

  Acting for the Department of Health in advising on its ICT Sourcing Project, including advising on the tender process, documentation and drafting bespoke clauses.

• Services Australia

  Acting for Services Australia in relation to a large commercial dispute with a provider, including advising on strategy and settlement and drafting amendments to clauses to deal with ongoing risks.

• Department of Education

  Advising on, drafting and assisting with negotiation of a Deed Poll with the State of Queensland to deal with access to and use of privileged information, including drafting bespoke clauses and complex data use and sharing arrangements.

• Department of Home Affairs

  Advising on the procurement of a sea cargo x-ray scanning machine, including assisting the Department with legal risks around timeframes for delivery, the ownership model, there being a mixture of goods and services and potential environmental law issues (radioactive material). This project included dealing with licencing and other property related issues which arose from the transaction.

• Artificial Intelligence Experience
  • Advising on an on-premises AI capability POC with IBM, including identifying and managing legal risks for potential future use cases within the Agency and significantly improving and tailoring the Order for services and attachments under the IBM Whole of Australian Government Agreement.
  • Drafting template complex and simple AI clauses and guidance material for to be included in the Agency’s ICT contracts dealing with obligations to notify, comply with relevant Commonwealth best practice and policy and to ensure the accuracy and reliability of any solution.
  • Preparing and advising on and implementing AI clauses for template suites for DFAT, Department of Education and the Australian National University.
  • Advising on a contract for an AI Web optimisation and accessibility tool for the NDIA with Siteimprove. This included reviewing and updating the MSA, draft Order to identify key legal risks, including in relation to IP, indemnities, termination rights and AI and preparing negotiation positions and assisting with negotiations with the vendor.
  • Delivering training to the FFMA on AI and cyber risks, including the privacy, security legal risks of AI and how to deal with these in commercial arrangements.