The rapid expansion of digital infrastructure is reshaping economies, industries and the way organisations operate. Data centres sit at the heart of this transformation, powering cloud computing, artificial intelligence, financial systems and the critical services that underpin modern society. As demand for data storage and processing capacity accelerates, Australia has emerged as a key market for hyperscale and co-location facilities, attracting significant domestic and international investment.
The regulatory landscape for data centres continues to evolve, with governments at all levels grappling with questions of energy policy, data sovereignty and sustainability obligations. Rapid technological advancement and the evolving commercial arrangements and strategic alliances between industry leaders are adding further layers of complexity to this already dynamic environment.
We bring deep experience across environment and planning, real estate, energy, construction, technology and regulatory disciplines to help our clients seize the opportunities and navigate the challenges of Australia's rapidly growing digital infrastructure sector.
We are at the cutting edge of this dynamic sector, helping developers, hyperscalers, government, investors and funders on the full spectrum of data centre transactions, including:
- Technology infrastructure: Our team advises operators, investors and customers on the full range of commercial and operational matters. This includes co-location and hosting arrangements, build-to-suit agreements, interconnection and connectivity, and the regulatory and operational requirements that shape these facilities, including physical and cyber security, power and cooling resilience and availability commitments.
- Planning and development: Data centre developments are among the most planning-intensive infrastructure projects in Australia. Securing approvals requires navigating Commonwealth, state and local planning and environment frameworks, while managing tight development timelines. Our team has a strong track record in obtaining complex planning and development consents for major data centre developments, advising on site selection, rezoning, heritage and biodiversity constraints and appeals.
- Power: Securing reliable electricity connections is a significant factor in data centre development. Our team advises on various electricity arrangements, including electricity network and retail arrangements within data centre campuses and connection arrangements for data centre developments across multiple National Electricity Market (NEM) jurisdictions, spanning to both high-voltage transmission networks and low-voltage distribution networks.
- Critical infrastructure, national security and foreign investment: Data centres underpin technology infrastructure across Australia’s economy and are increasingly regulated as critical infrastructure. Critical infrastructure attracts additional regulatory obligations for owners and operators, along with stringent approval and notification processes for foreign investors. Our team advises data centre operators, owners and investors on the regulatory approvals and requirements arising in the context of critical infrastructure and national security, including those relevant to data centre investment and ownership structures.
- Sustainability, water and environment: Data centres are under mounting pressure to demonstrate genuine environmental stewardship. The federal government’s expectations of data centres set the foundation of the social licence to operate in Australia. Operators are expected to secure new and additional clean energy generation and/or storage to offset their demand, and to minimise energy and water consumption through industry-leading efficiency measures and technologies. Our team advises on all aspects of sustainability compliance, environmental approvals and water access, helping clients meet the societal and regulatory expectations of major data centre projects.
- Financing: Debt financing is a crucial component of data centre development. Given the scale of capital expenditure required to meet Australia’s digital infrastructure ambitions, the requirements of debt financiers are becoming increasingly important in driving commercial terms. Our team advises borrowers and lenders with respect to corporate finance, project finance, debt capital markets and securitisation solutions for data centres and neoclouds.
