We are looking for a Peering Engineer to join our team!

This remote role can be based in any state, and some of the key responsibilities will include

  • The provision and troubleshooting of IX services
  • Maintaining and monitoring of IX/ IAA networks
  • Executing project work – new sites, migrations etc.
  • Identifying and providing input on improvements to networks and process
  • Participating in a 24×7 on-call rotation

If this sounds like you, or someone you know, you can download a copy of the position description and visit our seek ad for more details on how to apply.

Applications close Friday 22nd February.

By Alan Arnott & Shi Ying Yong, Technology Lawyers @ Arnotts Technology Lawyers

To encourage and facilitate the turnaround and restructuring of financially distressed businesses as part of laws aimed at encouraging entrepreneurship, recent amendments to the Corporations Act 2001 (Cth)(Act) that apply with the passage of the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 have placed a stay on the enforcement of ipso facto clauses where a counterparty to an agreement enters voluntary administration, receivership or a scheme of arrangement (Ipso Facto Amendments).

Ipso facto clauses enable a party to exercise certain rights (such as to suspend the performance of a contractual obligation or call upon a bank guarantee) or terminate the contract upon the other party suffering an insolvency event.

For parties entering into contracts on or after 1 July 2018, some ipso facto clauses in contracts are now unenforceable, unless leave of the Court is obtained. The new Ipso Facto Amendments are not retrospective and only relate to agreements entered into after 1 July 2018.

Under Part 5.1 and 5.2 of the Act, in the event that certain specified restructuring or insolvency procedures are proposed or underway, rights and self-executing provisions in a contract, agreement or arrangement will not be enforceable against the counterparty if they arise as a consequence of:

  • the counterparty entering into the administration, receivership (or other managing controller appointments) or proposed scheme of arrangement over the whole or substantially whole of its property (section 451E and 434J of the Act)
  • a breach of financial covenants (section 415D of the Act);
  • a change of control or material adverse effect based on the counterparty’s financial position (section 451E(1) of the Act); and/or
  • the counterparty’s existing financial position (section 451E(1)(b) of the Act).

As the objective of the Act is to provide viable but underperforming companies with an opportunity to implement a turnaround strategy when faced with insolvency, the above restrictions do not apply in circumstances of a liquidation. Additionally, a stay under the Ipso Facto Amendments does not prevent a counterparty from enforcing a contractual right due to breach of contractual obligations for non-payment.

It is also important to note that the Ipso Facto Amendments are subject to exclusions for certain categories of contracts and contractual rights. Under section 5.3A.50 of the Corporations Regulations 2001 (Cth) (Regulations), these categories of contracts include contracts, agreements and/or arrangements for business and share sale, for the supply of goods or services to a public hospital or a public health service, for the supply of essential or critical goods or services to, or the carrying out of essential or critical works, for the Commonwealth (which may include the provision of certain software services) and escrow arrangements for the keeping of computer software code.

Excluded categories of rights under the Regulations include certain rights of assignment and novation, step-in rights, enforcement rights and rights to change the priority or order in which amounts are paid, distributed or received.

This article is for general informational purposes only. It is not legal advice nor is it a substitute for legal advice. Readers should seek legal advice on their own particular

By Alan Arnott, Technology Lawyers @ Arnotts Technology Lawyers

Although industry rules on complaints handling for carriers and carriage service providers (CSPs) have been in place for many years, gaps in such processes were identified and a new standard, known as the Telecommunications (Consumer Complaints Handling) Industry Standard (the Complaints Handling Standard) has been determined by the Australian Communications and Media Authority. The Complaints Handling Standard commenced on 1 July 2018 and applies to (i) carriage service providers; and (ii) carriers responsible for network units that are used in the supply of services by carriage service providers.

The Standard was determined under subsection 125AA(1) of the Telecommunications Act 1997 and in accordance with sections 5 and 8 of the Telecommunications (NBN Consumer Experience Industry Standard) Direction 2017. Industry Standards that are so determined must be complied with. Non-compliance may result in civil penalties.

The Complaints Handling Standard requires carriage service providers and carriers to set out their complaints handling processes in writing, and make them available on its website in a concise form that meets the minimum requirements for complaints handling referred to in the Complaints Handling Standard.

Arnotts Technology Lawyers have developed a 5-page Complaints Handling Policy which complies with the Complaints Handling Standard.

This article is for general informational purposes only. It is not legal advice nor is it a substitute for legal advice. Readers should seek legal advice on their own particular circumstances.