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Current Issues in IT Law - managing the cloud and lessons from Novopay and Queensland Health - Online CPD

NZ $179.00
Michael Bywell 2014 Graeme Crombie 2014 Matt Vaughan 2014
Michael Bywell
Minter Ellison Rudd Watts
Graeme Crombie
Minter Ellison Rudd Watts
Matt Vaughan
General Counsel

Package includes:

Online CPD Module  l  Booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $149 - NZLS members and Associate members
  • $179 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.


Online CPD Module

Presentation time: 90 minutes

The constant evolution of technology requires agile thinking on contractual provisions and risk mitigation. Use of cloud computing is a prime example. It presents considerable opportunities but is not without uncertainty and risk. Inherent risks in any IT project also need renewed focus in light of recent IT failures.

Please contact us if you use a dial up internet connection.

Learning objectives

You will be able to:
  • Identify how contracts for cloud computing services are different from other IT contracts
  • Recognise key risks and how to mitigate these, working with the cloud computing service contract
  • Learn from Xero’s experience as a cloud computing services vendor and a user of the cloud about managing both sides of the relationship
  • Recognise some early warning signs of problems in IT projects
  • Apply lessons learned from IT projects which have gone wrong.

Electronic Booklet

Authors: Michael Bywell, Graeme Crombie, Matt Vaughan
Published: 5 November 2014
Pages: 32
Electronic booklet can be downloaded from My CPD > My Online CPD after purchase.


On 2 May 2014 there was an article in Computerworld entitled “Afraid of the cloud? How to handle your fears”. The article referred to a study undertaken by German research and consulting company Research in Action for Compuware that showed that 73% of IT executives (they surveyed 740 at various companies around the world) believe cloud providers are hiding performance problems. The study was focused on service levels, but this headline statistic is telling. The article set out comments from various analysts. The key theme of those comments was that IT professionals need (to quote one of the analysts) “to do their homework and ask the right questions before selecting a vendor”.

The first section of this paper takes that theme further, to show that lawyers need to be involved at an early stage of any cloud initiative. It outlines why that is and discusses some of the issues to look out for in a few key areas. It then looks at how Xero approaches the cloud, both in its offering to customers and in procuring solutions from its supplier. 
The final section of this paper seeks to remind lawyers of the lessons and recommendations from recent failed IT projects, Novopay and Queensland Health, both of which were payroll system projects. 

The Novopay Inquiry was led by Sir Maarten Wevers (past Chief Executive of the Department of Prime Minister and Cabinet) and Murray Jack of Deloitte. The Queensland Health Inquiry was led by The Hon Richard Chesterman QC, a retired Australian Court of Appeal Judge. In each case the inquiries produced comprehensive reports. The suggestions made in the reports from those project inquiries are for general consumption and so are just as applicable to cloud projects.

This paper summarises the findings from those reports, and outlines those recommendations likely to be of particular relevance to lawyers engaged in relation to cloud projects.

PowerPoint Presentation

These are the slides included in the presentation.
Number of Slides: 47

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