Steven Klimt
Clayton Utz
Partner
Sydney
Overview
Steven Klimt joined Clayton Utz in 1986. Prior to being appointed a partner in 1993, he spent a year on secondment in New York with Skadden Arps Slate Meagher & Flom.
Steven practises in two areas – major projects with an emphasis on IT procurements and services contracts, and retail banking and financial services regulations.
Steven's major projects practice covers issues relating to procurement strategies and contract structuring for government technology projects, contract administration, privacy issues, government tender process, drafting and project documentation and advising on technology in the context of procurements. He is a leading partner in our major projects team. He has significant experience advising numerous clients – in particular government clients – on major projects.
Notable Work
- Citigroup Australia: Steven is currently acting for the Bank in defending the exception fees class action commenced against it by IMF litigation funders, which involves challenges to late payment and dishonour fees.
- Regulator investigations: Steven has acted for banks, finance companies, finance brokers and other entities for nearly 30 years in relation to investigations by ASIC and other regulators and notices covering issues covering financing of insurance, responsible lending, point of sale exemption, mandatory breach reporting, unconscionable conduct and privacy.
- Mobile Payments Products: Advised a number of banks in relation to the introduction of Near Field Communications payment products using personal devices (such as tablets and mobile phones) for making payments.
- National Australia Bank: Steven advised NAB on complex Banking Act and FSR issues associated with a money sweeping and payment netting arrangement between separate unrelated bodies corporate within one of the Bank's customer groups.
- Wrap Product Distribution: Steven advised a Financial Services Group in relation to issues associated with its wrap platform distribution arrangements with a major Wrap Platform supplier. Steven's work includes reviewing and analysing agreements; leading negotiations and advising generally on strategy.
- Introduction of Consumer Payment product: Steven advised a major global financial services provider in relation to the development of a high-profile consumer payment product. The work has included structuring and regulatory advice.
- Privacy: Steven is currently advising a supplier of loan administration system to the financial services industry in relation to privacy, credit reporting and data protection issues.
- White Labelled Credit Distribution: Steven has acted for a number of credit providers, and brokers in relation to white labelling products. His work has included advice on regulatory and licensing issues, drafting and settling consumer documentation, drafting and settling distribution agreements and advice on procedures.
- Commonwealth Bank of Australia:Steven was lead external legal adviser to the Bank's Personal Property Security Act Implementation Project, which involved advising on major PPSA issues affecting all of the Bank's products, drafting and settling documents and procedures.
- Reserve Bank of Australia: Steven advised in relation to payment systems reform. This included advice in relation to reforms of the credit card, EFTPOS and Visa Debit card systems. He acted for the Reserve Bank in its successful defence of the credit card reforms in the litigation commenced by Visa and Mastercard. He also acted for the Reserve Bank in the Federal Court challenge to EFTPOS designation commenced by the Retailers.
- Payment Systems Provider: Advised a payment systems provider in relation to regulatory issues associated with introducing an application on personal devices (such as tablets and mobile phones) which initiated and facilitated payments to third party merchants.
- Cardless ATM withdrawals: Advised a bank in relation to its project for facilitating card-less ATM withdrawals.
- Online payments: Advice to an international online auction market place in relation to regulatory issues associated with online payments in Australia.
- Confidential Client: advising a major bank in relation to its contractual arrangements with eftpos regarding its centralised payments hub and utilisation of the hub for the switching and processing of ATM transactions.
- Confidential Client: acting for a major bank in relation to contractual arrangements regarding the provision of ATM interchange services, so as to enable the exchange, authorisation and reconciliation of ATM transactions between the bank and a third party card issuer.
- Confidential Client: advising a bank in relation to its regulatory obligations under the anti-money laundering and counter terrorism financing legislation regarding the conduct of its merchant acquirer business.
- Insurance Distribution: Steven has advised a number of different credit providers in relation to licensing issues and product distribution concerning insurers. He has also drafted Authorised Representative agreements and sub-authorisation agreements for insurers and brokers. He has advised in relation to the establishment of an Insurance Agency with different underwriters, including licensing and documentation.
- Privacy: Steven has given extensive advice in relation to privacy to many organisations including Government, financial institutions, IT suppliers, systems integrators, manufacturers medical services providers, pharmaceutical companies and motor vehicle distributors. His work has included drafting privacy policies, consents and disclosures, general advice and advice in relation to offshore data disclosure, data protection and data breaches. His recent experience includes:
- advice to a financial services provider in relation to issues associated with a potential privacy breach;
- advice to a financial services provider in relation to relation privacy issues associated with global CRM systems. This included advice in relation to consumer terms and conditions, data storage, transfer and handling practices and contractual arrangements with third party service providers;
- drafting privacy consents and disclosures for a trading bank;
- drafting and settling credit reporting consents and disclosures for a range of financial institutions;
- advice to a multinational toy manufacturer in relation to global compliance with privacy laws;
- advice to multi-national motor vehicle manufacturer
- advice to a multi-national gaming company in relation to privacy issues associated with cloud storage of personal information;drafting and settling Privacy and Credit Reporting Privacy Policies for arrange of financial institutions.
- Cranbourne Pakenham Rail Corridor, DEDJTR: Steven was the lead partner in relation to the Government's consideration of the Unsolicited Bid and negotiation and drafting of the Commitment Deed. Steven advised the Government in relation to IP and Technology issues. Steven also advised the project on PPSA issues.
- GEMS Project: Department of Defence: Steven is acting for the Department of Defence in relation to the GEMS Project which involved a systems integration contract with CSC to provide a SAP solution for a garrison management system. The work involved advice on procurement strategy, evaluation of tenders, negotiation with tenderers and preparation of contract documentation utilising the ASDEFCON suite of documentation that was executed by the Contractor. He is currently advising Defence in relation to contract administration.
- Sydney Metro Northwest, Transport for NSW: Steven had carriage of the IP and Technology issues in acting for the Government on this project. It involved developing a contractual position, with particular regard to dealing with proprietary IP used in trains and signalling and then evaluating bids from 2 key suppliers. Ultimately there was a detailed negotiation with the winning consortium and Alstom. He also advised the project on PPSA issues.
- Myki Ticketing Project, Transport Ticketing Authority of Victoria and Public Transport Victoria: Lead partner on the external legal team advising the Victorian Government from the inception of this project. Steven led the legal team working on the procurement, which resulted in the execution of a contract for build and services with Keane Australia. Steven has been actively involved in contract management since the contracts were signed. Steven was also involved in dealing with a large range of privacy issues encountered on the project, including drafting clauses for inclusion in the project agreement, reviewing the authority and the contractor's privacy policies. He advised the authority in relation to its dealings with the Victorian Privacy Commissioner, as well as provided general privacy advice to the authority in relation to issues such as tracking of individuals and law enforcement. He has led TTA's team in a Dispute Resolution process arising out of the Victorian Government's review of the Project. He continues to assist PTV in contract management and negotiations with the Contractor concerning the Services Phase of the contract, and on transfer issues associated with the e-ticket.
- Transport Ticketing Payment Systems: Steven has been lead partner acting for each of the State Governments of New South Wales, Queensland and Victoria in procuring a smartcard-based payments system for use in transport ticketing. In each of these projects Steven advised the Governments on procurement strategy, the tender process, led contract negotiations and advised on contract administration and major contract amendments.
- Payments Systems Provider: Steven led the legal team acting for a multinational payments system provider in negotiating agreements with an Australian customer in relation to an outsourced payments system that is to be provided to the customer. As well as dealing with the procurement, Steven also advised in relation to payment systems regulatory issues. The matter is currently confidential.
- Defence Material Organisation 2B1 Project and 2B2 Project: Acted for DMO in relation to contract management issues concerning the mobile enhanced logistics system being supplied by the Contractor, Mincom under the 2B1 Project Contract. Acting for the DMO in relation to the 2B2 Project which involved the procurement of a trace and tracking and portability enhancements to the logistics system for Defence facilities. The work involved advising the DMO on contract management issues with the Contractor, Mincom. It also involves advising on procurement strategies for the 2nd Stage of the Project, drafting contract documentation utilising the ASDEFCON suite of documentation and general strategic advice in relation to issues with the Contractor.
- Transport for New South Wales PDCS Project: Acted for Transport of NSW in relation to the procurement of a document management system for use in its major projects. The contract was structured so as to give TfNSW the ability to commence using the system for the North West Rail Link Project but to be able to add other projects to the System as they are undertaken. Steven advised TfNSW on the structuring, procurement, evaluation and contract negotiation and execution. He is currently advising TfNSW on administration.
- Victorian Speed Camera and Infringement Management System (Department of Justice): Steven led this project which involved the tenders for the Victorian Traffic Camera Operations and Infringement Management Enforcement Systems. The Project involved creating two separate agreements for the design, build and operation of a traffic camera system and an infringement management system. Steven's work included advice on a complex procurement strategy involving simultaneous tenders for each contract, drafting tender and contract documentation, conducting two simultaneous sets of parallel negotiations with four different parties simultaneously within an extremely tight timeframe. This led to a contract for Traffic Camera Operations being entered into with Serco and a contract for the IMES system being entered into with Tenix. Steven has also done extensive contract administration work for the DOJ in relation to this project since the contracts were executed.
- Waratah Trains Project (NSW) and Adelaide Darwin Railway (SA and NT): Steven separately advised both of these projects in relation to complex PPSA issues associated with Rolling Stock and other moveable assets.
- DHS - Online Medicare Claiming Project: Acted for the Commonwealth Department of Human Services in relation to the procurement of a number of suppliers to deliver various transactions initiated at doctor's surgeries involving Medicare rebate claims and payments by the Federal Government directly to claimants. Steven's work involved advising on the procurement process and procurement strategies, preparing standard form contracts and negotiating contractual terms with a variety of bank and IT suppliers.
- Cranbourne Pakenham Rail Corridor, DEDJTR: Steven was the lead partner in relation to the Government's consideration of the Unsolicited Bid and negotiation and drafting of the Commitment Deed. Steven advised the Government in relation to IP and Technology issues. Steven also advised the project on PPSA issues.
- GEMS Project: Department of Defence: Steven is acting for the Department of Defence in relation to the GEMS Project which involved a systems integration contract with CSC to provide a SAP solution for a garrison management system. The work involved advice on procurement strategy, evaluation of tenders, negotiation with tenderers and preparation of contract documentation utilising the ASDEFCON suite of documentation that was executed by the Contractor. He is currently advising Defence in relation to contract administration.
- Sydney Metro Northwest, Transport for NSW: Steven had carriage of the IP and Technology issues in acting for the Government on this project. It involved developing a contractual position, with particular regard to dealing with proprietary IP used in trains and signalling and then evaluating bids from 2 key suppliers. Ultimately there was a detailed negotiation with the winning consortium and Alstom. He also advised the project on PPSA issues.
- Myki Ticketing Project, Transport Ticketing Authority of Victoria and Public Transport Victoria: Lead partner on the external legal team advising the Victorian Government from the inception of this project. Steven led the legal team working on the procurement, which resulted in the execution of a contract for build and services with Keane Australia. Steven has been actively involved in contract management since the contracts were signed. Steven was also involved in dealing with a large range of privacy issues encountered on the project, including drafting clauses for inclusion in the project agreement, reviewing the authority and the contractor's privacy policies. He advised the authority in relation to its dealings with the Victorian Privacy Commissioner, as well as provided general privacy advice to the authority in relation to issues such as tracking of individuals and law enforcement. He has led TTA's team in a Dispute Resolution process arising out of the Victorian Government's review of the Project. He continues to assist PTV in contract management and negotiations with the Contractor concerning the Services Phase of the contract, and on transfer issues associated with the e-ticket.
- Transport Ticketing Payment Systems: Steven has been lead partner acting for each of the State Governments of New South Wales, Queensland and Victoria in procuring a smartcard-based payments system for use in transport ticketing. In each of these projects Steven advised the Governments on procurement strategy, the tender process, led contract negotiations and advised on contract administration and major contract amendments.
- Payments Systems Provider: Steven led the legal team acting for a multinational payments system provider in negotiating agreements with an Australian customer in relation to an outsourced payments system that is to be provided to the customer. As well as dealing with the procurement, Steven also advised in relation to payment systems regulatory issues. The matter is currently confidential.
- Defence Material Organisation 2B1 Project and 2B2 Project: Acted for DMO in relation to contract management issues concerning the mobile enhanced logistics system being supplied by the Contractor, Mincom under the 2B1 Project Contract. Acting for the DMO in relation to the 2B2 Project which involved the procurement of a trace and tracking and portability enhancements to the logistics system for Defence facilities. The work involved advising the DMO on contract management issues with the Contractor, Mincom. It also involves advising on procurement strategies for the 2nd Stage of the Project, drafting contract documentation utilising the ASDEFCON suite of documentation and general strategic advice in relation to issues with the Contractor.
- Transport for New South Wales PDCS Project: Acted for Transport of NSW in relation to the procurement of a document management system for use in its major projects. The contract was structured so as to give TfNSW the ability to commence using the system for the North West Rail Link Project but to be able to add other projects to the System as they are undertaken. Steven advised TfNSW on the structuring, procurement, evaluation and contract negotiation and execution. He is currently advising TfNSW on administration.
- Victorian Speed Camera and Infringement Management System (Department of Justice): Steven led this project which involved the tenders for the Victorian Traffic Camera Operations and Infringement Management Enforcement Systems. The Project involved creating two separate agreements for the design, build and operation of a traffic camera system and an infringement management system. Steven's work included advice on a complex procurement strategy involving simultaneous tenders for each contract, drafting tender and contract documentation, conducting two simultaneous sets of parallel negotiations with four different parties simultaneously within an extremely tight timeframe. This led to a contract for Traffic Camera Operations being entered into with Serco and a contract for the IMES system being entered into with Tenix. Steven has also done extensive contract administration work for the DOJ in relation to this project since the contracts were executed.
- Waratah Trains Project (NSW) and Adelaide Darwin Railway (SA and NT): Steven separately advised both of these projects in relation to complex PPSA issues associated with Rolling Stock and other moveable assets.
- DHS - Online Medicare Claiming Project: Acted for the Commonwealth Department of Human Services in relation to the procurement of a number of suppliers to deliver various transactions initiated at doctor's surgeries involving Medicare rebate claims and payments by the Federal Government directly to claimants. Steven's work involved advising on the procurement process and procurement strategies, preparing standard form contracts and negotiating contractual terms with a variety of bank and IT suppliers.
- Citigroup Australia: Steven is currently acting for the Bank in defending the exception fees class action commenced against it by IMF litigation funders, which involves challenges to late payment and dishonour fees.
- Reserve Bank of Australia: Steven advised in relation to payment systems reform. This included advice in relation to reforms of the credit card, EFTPOS and Visa Debit card systems. He acted for the Reserve Bank in its successful defence of the credit card reforms in the litigation commenced by Visa and Mastercard. He also acted for the Reserve Bank in the Federal Court challenge to EFTPOS designation commenced by the Retailers.
- Steven has given extensive advice in relation to privacy to many organisations including Government, financial institutions, IT suppliers, systems integrators, manufacturers medical services providers, pharmaceutical companies and motor vehicle distributors. His work has included drafting privacy policies, consents and disclosures, general advice and advice in relation to offshore data disclosure, data protection and data breaches. His recent experience includes:
- Motor and Finance Companies Data Exchange: Steven acted for a number of motor vehicle distributors and their related finance companies in relation to the exchange of personal information between each other and with their distributors.
- National Australia Bank: Steven advised NAB on complex Banking Act and FSR issues associated with a money sweeping and payment netting arrangement between separate unrelated bodies corporate within one of the Bank's customer groups.
- Wrap Product Distribution: Steven advised a Financial Services Group in relation to issues associated with its wrap platform distribution arrangements with a major Wrap Platform supplier. Steven's work includes reviewing and analysing agreements; leading negotiations and advising generally on strategy.
- Privacy: Steven is currently advising a supplier of loan administration system to the financial services industry in relation to privacy, credit reporting and data protection issues.
- White Labelled Credit Distribution: Steven has acted for a number of credit providers, and brokers in relation to white labelling products. His work has included advice on regulatory and licensing issues, drafting and settling consumer documentation, drafting and settling distribution agreements and advice on procedures.
- Reserve Bank of Australia: Steven advised in relation to payment systems reform. This included advice in relation to reforms of the credit card, EFTPOS and Visa Debit card systems. Acted for the Reserve Bank in its successful defence of the credit card reforms in the litigation commenced by Visa and Mastercard. He also acted for the Reserve Bank in the Federal Court challenge to EFTPOS designation commenced by the Retailers.
- Payment Systems Provider: Advised a payment systems provider in relation to regulatory issues associated with introducing an application on personal devices (such as tablets and mobile phones) which initiated and facilitated payments to third party merchants.
- Cardless ATM withdrawals: Advised a bank in relation to its project for facilitating card-less ATM withdrawals.
- Online payments: Advice to an international online auction market place in relation to regulatory issues associated with online payments in Australia.
- Confidential Client: advising a major bank in relation to its contractual arrangements with eftpos regarding its centralised payments hub and utilisation of the hub for the switching and processing of ATM transactions.
- Confidential Client: acting for a major bank in relation to contractual arrangements regarding the provision of ATM interchange services, so as to enable the exchange, authorisation and reconciliation of ATM transactions between the bank and a third party card issuer.
- Confidential Client: advising a bank in relation to its regulatory obligations under the anti-money laundering and counter terrorism financing legislation regarding the conduct of its merchant acquirer business.
- Insurance Distribution: Steven has advised a number of different credit providers in relation to licensing issues and product distribution concerning insurers. He has also drafted Authorised Representative agreements and sub-authorisation agreements for insurers and brokers. He has advised in relation to the establishment of an Insurance Agency with different underwriters, including licensing and documentation.
- Introduction of Consumer Payment product: Steven advised a major global financial services provider in relation to the development of a high profile consumer payment product. The work has included structuring and regulatory advice.
- White Labelled Credit Distribution: Steven has acted for a number of credit providers, and brokers in relation to white labelling products. His work has included advice on regulatory and licensing issues, drafting and settling consumer documentation, drafting and settling distribution agreements and advice on procedures.
- Regulator investigations: Steven has acted for banks, finance companies, finance brokers and other entities for nearly 30 years in relation to investigations by ASIC and other regulators and notices covering issues covering financing of insurance, responsible lending, point of sale exemption, mandatory breach reporting, unconscionable conduct and privacy.
- Steven has acted for banks, finance companies, finance brokers and other entities for nearly 30 years in relation to investigations by ASIC and other regulators and notices covering issues covering financing of insurance, responsible lending, point of sale exemption, mandatory breach reporting, unconscionable conduct and privacy.
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