Aisling is a senior commercial lawyer who specialises in general commercial contracting, procurement processes and the development and commercialisation of health technology. Prior to joining Claro in early 2014, Aisling was a Senior Associate with Buddle Findlay. She has also held in-house roles, first at Fisher & Paykel Healthcare and then at Auckland City Council.
Aisling regularly advises on, drafts and negotiates a wide range of general commercial agreements for both public and private sector clients, including DHBs, Responsible Authorities (established under the Health Practitioners Competence Assurance Act), aged-care providers, professional colleges and associations, private hospitals, health care providers and other organisations in the health sector. She also has extensive experience in advising on procurement processes and preparing procurement documentation.
In addition, Aisling has a strong interest in the development, manufacturing and distribution of health technology products and is experienced in drafting and negotiating IP licences, R&D agreements, clinical trial agreements, Government funding agreements, quality systems agreements, agreements relating to the supply of raw materials and components, and cross-border distribution agreements.
Aisling studied at Victoria University of Wellington, and was admitted to the bar in December 2003.
“Generally, there is no need for commercial contracting or procurement processes to be steeped in mystery or complexity. My focus is on producing clear, user-friendly documents that are designed to achieve my clients’ aims and objectives and ensure that my clients meet their statutory obligations and operate within their statutory powers and constraints”.
Aisling’s experience includes
- Advising a DHB in relation to a multi-stage procurement of diagnostic laboratory testing services worth over $100m. Assistance covered the entire procurement process from advising on the Board and Ministerial approval processes required under the New Zealand Public Health and Disability Act, how best to manage various conflicts of interest, reviewing the RFP, evaluation plan and other documents released via GETS and advising on the due diligence process and various aspects of the evaluation process, to drafting, negotiating and finalising a new long-term services agreement.
- Developing suites of commercial contracting templates and procurement process documents for public sector organisations.
- Assisting health regulatory authorities with various outsourcing and other agreements that require consideration of the authorities’ powers, obligations and restrictions under the Health Practitioners Competence Assurance Act, For example, drafting, negotiating and finalising an agreement between a NZ health regulatory authority and its Canadian equivalent for the provision of examination services.
- Developing a bespoke template services and funding agreement for a DHB to roll out to all GP practices in its district. The agreement reflected the DHB’s dual role as DHB and Primary Health Organisation in that district.
- Technology related agreements including negotiating a set of agreements relating to software to support a DHB’s provision of paediatric dental services; and advising on various IaaS agreements.
- Various MOUs between public sector agencies.
- Advising on the Age Related Residential Care Services Agreement (ARRC) and drafting various types of Admission Agreements for service providers.
- Advising on funding and collaborative agreements between DHBs and charitable organisations.
- Advising on Clinical Trial Agreements and structures for undertaking clinical research.
- Drafting, negotiating and finalising agreements relating to the commercialisation and marketing of medical devices including IP licences, R&D related agreements, Government funding agreements, quality systems agreements, agreements for the supply of raw materials and components and distribution agreements.
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