Graham is a Partner in the firm’s Intellectual Property, Technology and Regulatory Department.
Graham has extensive experience in conducting complex and novel litigation in communications, intellectual property, competition, and administrative law matters. He also has significant experience in advising on infrastructure regulation and mergers.
Graham is a specialist in all areas of telecommunications regulation, including carrier licensing, facilities access, carrier land access powers, and the telecommunications specific competition and access laws. He has advised in relation to construction arrangements and network rollout, interconnect and other wholesale arrangements, retail contracts, privacy, advertising, and sales conduct.
He has led the way in telecommunications access disputes, achieving landmark wholesale pricing outcomes, conducting more than half of all telecommunications fixed line arbitrations before the ACCC, many Australian Competition Tribunal Appeals, and multiple successful Federal Court administrative law defences.
Graham acted for 7 of the 11 telecommunications companies who obtained a unanimous judgment from the Full Court of the High Court in Telstra Corporation Limited v Cth & Ors  HCA 7.
Australasian Legal Business has recognised Graham as a leading lawyer in Telecommunications, Media and Technology. “Graham Phillips was rated as the “cream of the crop”, because he was extremely client focused, comprehensive in his advice and able to achieve a fast turnaround. He provided added value legal advice, and was able to put himself in the shoes of the counter parties and highlight issues from a commercial perspective. He also had an exceptional understanding of commercial and regulatory issues, strategic considerations and litigation.”
Graham has been recognised as one of the Best Lawyers in Australia each year since 2011, as one of Australia’s leading lawyers in the area of Telecommunications law. He has also been recognised in Doyle’s Guide (2016 & 2017) as a recommended Technology, Media & Telecommunications lawyer in Victoria.
Recent experience includes:
- Leading iiNet’s successful defence of litigation by 34 Hollywood and Australian film and television studios, the first trial in the world involving suit against an internet service provider claiming copyright infringement on its part due to alleged authorisation of the copyright infringement of its users. He represented iiNet from the beginning of those proceedings through to the unanimous High Court judgment in Roadshow Films Limited v iiNet Limited  HCA 16.
- Advising on telecommunications regulatory issues relating to the roll-out and operation of a national broadband network for Australia, including in relation to NBN Co’s special access undertaking and wholesale broadband agreement, Telstra’s structural separation undertaking and migration plan, and in preparing submissions for industry participants to the current Government’s various reviews into NBN policy and regulation.
- Acting on merger reviews, including Foxtel’s acquisition of Austar, Telstra’s proposed acquisition of Adam Internet, iiNet’s acquisition of Adam Internet, and NBN Co’s proposed acquisition of TransACT’s fibre to the premises assets.