Senior Counsel

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  David Shavin KC

  David Shavin KC signed the Bar Roll in 1978 and took silk in 1993 in Victoria and in both NSW and New Zealand in 1994. He practices primarily in the Federal and High Courts (incl recently Myriad and Calidad) and in the superior Courts of New Zealand, specialising in Patent Law, (particularly Life Sciences and Technology), Trade Marks and Intellectual Property generally as well as in Competition Law, having taught the latter at a post graduate level with the Late Professor Brunt at Monash and Melbourne Universities and the Melbourne Business School.

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  Bruce Caine KC

  Bruce has specialised in intellectual property law for over 35 years. His central areas of expertise include patents, trade marks, copyright, confidential information, design law, circuit layouts and plant breeder’s rights, consumer protection and other commercial/equity matters. Bruce frequently appears for and advises major international clients drawn from the pharmaceutical, telecommunications and mining industries. He has appeared in some of Australia’s leading intellectual property cases. He has extensive experience in both trial and appellate work. He appears chiefly in the Federal Court. He also appears in the Supreme Court of Victoria, the Supreme Court of New South Wales, South Australia and Queensland as well as the High Court. Bruce also appears before IP Australia in relation to patent and trade mark matters. He also conducts and appears at mediations.

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  Colin Golvan AM KC

  Colin Golvan AM KC has extensive expertise as senior counsel in copyright, trade marks, designs and patent cases, as well as competition and misleading conduct matters. He has appeared in matters in the High Court and Federal Court of Australia. In 2018, he was appointed as a Member of the Order of Australia.

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  Ed Heerey KC

  Ed Heerey KC operates in all areas of IP practice, attracting particular praise as a "counsel of choice for trade mark and related disputes." Interviewees also single him out, both as a particularly "skilled and polished advocate who thinks quickly on his feet and has a good ability to get to the heart of a case," and as "a very good person to put in front of clients, because he explains things very clearly."

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  Tom Cordiner KC

  Tom holds the dual qualification of barrister and registered patents and trade mark attorney. After a short stint as a molecular geneticist in the mid 1990’s, Tom has since specialised in all aspects of intellectual property law. He was admitted to the bar in 2003 and appointed silk in 2016. Tom is also enrolled as a barrister of the High Court in New Zealand.

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  Peter Wallis KC

  Peter Wallis is a senior barrister based in Melbourne. He specialises in commercial litigation, intellectual property, competition law and class actions. He appears regularly in the Federal Court and the Supreme Court.

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  Benjamin Gardiner KC

  Ben Gardiner KC signed the bar roll in 2008 and was appointed King’s Counsel in 2022.  He practises in all areas of intellectual property litigation including patents, trade marks, copyright, confidential information and consumer protection / trade practices matters.

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  Kate Beattie SC

  Kate Beattie specialises in intellectual property litigation, with extensive experience in complex patent disputes. Kate has a background in pharmacology and regularly acts for pharmaceutical and healthcare companies. She also advises on trade practices and commercial disputes, particularly those involving scientific expert evidence.

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  Stephen Rebikoff SC

  Stephen Rebikoff specialises in intellectual property and administrative law. He has experience in trials and appeals concerning copyright, trade marks, passing off, patents and confidential information, as well as misleading or deceptive conduct, comparative advertising, telecommunications and technology issues, and regulatory litigation. He also has particular expertise in relation to software disputes and the use of intellectual property on the internet. He is recommended in the Legal 500, Doyle’s Guide, Best Lawyers Australia and the World Trademark Review 1000.

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Junior Counsel

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  Warwick Rothnie

  Warwick Rothnie’s main areas of practice are patents, copyright, trade marks, designs, confidential information, domain names, consumer protection and other commercial matters. He appears in cases and advises on all aspects of infringement, validity and ownership. He has been a WIPO domain name panelist since 2002.

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  Justin Wheelahan

  Justin practises primarily in intellectual property. Justin holds a Masters in IP, and is a contributing author to Lahore’s Trade Marks, Patents and Confidential Information and Related Rights service published by LexisNexis. Justin’s general commercial practice includes advice and advocacy in disputes involving copyright, trade mark, design and patent infringement, breach of confidence, misleading and deceptive conduct, breach of contract, unconscionable conduct, breach of director's duties, and insolvency related matters. He also regularly advises and appears in defamation proceedings, injurious falsehood claims, and Open Courts Act related matters. 

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  Melissa Marcus

  Melissa has extensive experience in all aspects of intellectual property law, particularly in trade marks and misleading or deceptive conduct. Melissa also practises in defamation law and general commercial law. She has appeared in Royal Commissions and has also advised in matters in the Federal Court, Federal Circuit Court, Supreme Court, Supreme Court of Victoria – Court of Appeal and County Court as well as before IP Australia.

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  Peter Creighton-Selvay

  Peter Creighton-Selvay has been widely recognised as a leading intellectual property and commercial barrister, including in Chambers and Partners, The Legal 5000, Doyle’s Guide to Intellectual Property Barristers, Doyle’s Guide to Technology, Media & Telecommunications Barristers, and the World Trademark Review. He has significant trial and appellate experience and is regularly briefed to appear in the Federal Court, Supreme Court and IP Australia in a broad range of commercial and intellectual property proceedings.

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  Andrew Sykes

  Andrew conducts a dedicated practice in intellectual property law with a predominate focus on branding (trade mark law, domain names and passing off).  In this area alone he has acted as counsel or arbitrator in over 50 matters issued and determined before various courts and tribunals.  He has been recognised in the World Trade Mark Review's Leading Trade Mark Professionals (Gold Band), Doyle's Guide (Intellectual Property) and in Best Lawyers Australia (Intellectual Property). 

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  Clare Cunliffe

  Clare Cunliffe has expertise in intellectual property litigation, with experience in patent revocation and patent infringement proceedings (including pharmaceutical patent injunctions), patent oppositions, trade mark proceedings, non-use applications and oppositions, and copyright litigation, as well as litigation concerning confidential information and consumer and competition law.

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  Marcus Fleming

  Marcus Fleming has a significant practice in commercial litigation with a particular focus on intellectual property law.  He has experience in relation to patent revocation and infringement proceedings, patent oppositions, copyright infringement proceedings, trade mark infringement proceedings (including related consumer protection law claims and passing off), trade mark non-use applications and oppositions, and proceedings concerning allegations of misuse of confidential information and related breaches of employment duties.  Marcus also has extensive experience in proceedings concerning claims for compensation on undertakings as to damages in the Federal Court of Australia in the context of pharmaceutical patent revocation proceedings.

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  Natalie Hickey

  Natalie Hickey practises in general commercial litigation and is a specialist in intellectual property. She has extensive experience in commercial and consumer law including equitable claims arising from unconscionable conduct, as well as statutory claims arising under the Australian Consumer Law. Natalie also practises in sports law and defamation. She has a Masters’ degree from the University of Melbourne in media and telecommunications law.

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  Lucy Davis

  Lucy Davis has expertise in commercial litigation specialising in intellectual property law, with experience in trade mark proceedings, non-use applications and oppositions, copyright disputes, design infringement proceedings, patent proceedings and oppositions, as well as disputes concerning confidential information, consumer and competition law and franchising law.

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  Ryan Maguire

  Ryan appears in hearings before courts and the Trade Marks Office and provides specialist advice.  Ryan was recommended in Leading Intellectual Property Law Junior Counsel – Victoria, 2023 by Doyle’s Guide.  Ryan is also a registered Trade Marks Attorney.

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  Andrew McRobert

  Andrew McRobert has appeared (led and unled) in a range of intellectual property and commercial disputes in the Federal Court of Australia, Supreme Court of Victoria, Federal Circuit Court of Australia and IP Australia. His practice areas also include Technology Law and Media Law. He was one of three Melbourne barristers included in Doyles' list of Emerging Intellectual Property & TMT Junior Counsel for 2017. In 2020, he was included in Doyle's list of Leading Intellectual Property Junior Counsel in Victoria.

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  Amy Surkis

  Amy is a commercial litigator with expertise in intellectual property litigation. WIth a scientific background, Amy has extensive patent litigation experience in the Federal Court of Australia, both at first instance and on appeal.  She also accepts briefs more broadly, including in trade marks, copyright and breach of confidence disputes.

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Alumni

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  The Hon. Justice Helen Rofe

  In 2021, Justice Rofe, a founding member of Emmerson Chambers, was appointed a Federal Court Judge.

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  Campbell P Thompson

  Campbell was a member of Emmerson Chambers from its creation until 2023.