Data centres

Australia’s data centre boom demands legal expertise as complex as the infrastructure itself. From site acquisition to commissioning, we’re with you for the full lifecycle.

Overview

Data centres have moved beyond technology infrastructure to become strategic national assets, contested investment destinations, and one of the most legally complex built environment challenges in Australia today. Demand for capacity has outstripped supply for the first time on record, driven by AI workloads, cloud adoption, and digital transformation across the economy.

The regulatory environment is evolving just as quickly. Federal and state governments are moving on multiple fronts at once, from national policy settings to planning reform, grid connection, and major project fast-tracking. Getting all the legal settings right has never mattered more for developers, investors, operators, and government.

Clayton Utz advises across the full data centre lifecycle. Our multidisciplinary team brings together planning and development approvals, energy and grid connection, project finance, critical infrastructure regulation, M&A and investment, construction, technology and cyber, and ESG expertise - acting for developers, hyperscalers, institutional investors, energy companies, and government across every Australian jurisdiction.

Explore how our team advises across data centre planning, energy, M&A, regulatory, finance, construction, technology and ESG.

We advise on data centre planning approvals across every Australian jurisdiction, including NSW State Significant Development applications, EIS, and the Investment Delivery Authority fast-track process, alongside constraints analysis, stakeholder engagement, and approvals for associated infrastructure such as substations, transmission, and BESS.

We advise on the full spectrum of energy issues facing data centre developers, including grid connection and development agreements, power purchase agreements, embedded network regulation, BESS co-location and market participation, renewable energy procurement, transmission network funding obligations, and compliance with AEMC and NEM rules.

We act for buyers and sellers on acquisitions, divestments, hostile takeover defence, sale and leaseback, land banking and site acquisition, infrastructure REIT structuring, IPO and prospectus advice, FIRB approvals, and data centre-specific due diligence — having advised on landmark deals including the A$224m acquisition of Asia Pacific Data Centres and the A$1.03bn Metronode/Equinix transaction.

We advise on the full critical infrastructure regime affecting data centres, including Security of Critical Infrastructure (SOCI) Act compliance, the Commonwealth Expectations framework for social licence and approvals prioritisation, the Hosting Certification Framework and DTA Data Centre Panel, mandatory NABERS Energy ratings for federal work, and FIRB foreign investment approvals.

We advise on the full financing stack for hyperscale campuses and data centre developments, including debt structuring and loan documentation, tax-effective project vehicles and depreciation strategies, pre-lease and anchor customer arrangements, infrastructure fund investment structuring, and development and construction facility financing.

We advise on the full construction contract suite for data centre developments, including EPC and D&C contracts, head agreements, fit-out procurement and commissioning agreements, modular and prefabricated construction models, ICT supply and hardware maintenance arrangements, and supply chain risk allocation and contractor management.

We advise operators and their customers on colocation and hosting agreements, data sovereignty and Privacy Act compliance, cybersecurity frameworks such as SOCI, ISO 27001, Essential 8 and SOC 2, government customer compliance and Hosting Certification, and embedded network regulation within data centres.

We advise on mandatory climate-related financial disclosure under the Treasury Laws Amendment Act, NGER compliance, water usage frameworks and PUE/WUE thresholds, renewable energy certificate procurement and green energy structuring, and GRESB and UN PRI alignment.

We advise on planning appeals and Land and Environment Court proceedings, Parliamentary inquiry submissions and representation, grid connection and development agreement disputes, regulatory enforcement and compliance disputes, and government relations and policy engagement strategies — including on the ongoing NSW Parliamentary inquiry due to report in September 2026.

Experience

360 Capital Group

Advised on its $224 million acquisition of Asia Pacific Data Centres through an unconditional, off-market takeover offer.

NEXTDC / Asia Pacific Data Centre Group

Advised NEXTDC on the IPO of Asia Pacific Data Centre Group, Australia's first listed data centre REIT.

Confidential financial sponsor client

Advised a confidential financial sponsor client in connection with the sale of Metronode, which was ultimately sold to US data centre giant Equinix for $1.03 billion.

Our team to support you

Insights
Data centre of attention: unpacking NSW's Data Centre Inquiry's possible moves
10 Apr 2026 | Article
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Managing the data centre boom: NSW Government seeks industry input
27 Mar 2026 | Article
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Great expectations: What the Australian Government requires of data centres and AI infrastructure
24 Mar 2026 | Article
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Data centres and the grid: proposed reforms signal tighter connection rules
16 Mar 2026 | Article
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