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.
Andrew has 20 years' experience in intellectual property litigation and general commercial litigation.
He was one of three Melbourne barristers included in Doyles' list of Emerging Intellectual Property & TMT Junior Counsel for 2017. In 2020 and 2021, he was included in Doyle's list of Recommended Intellectual Property Junior Counsel in Victoria.
Andrew holds a Bachelor of Laws, Bachelor of Science and Master of Laws (Intellectual Property) from Murdoch University. He also holds a Master of Laws from Cornell Law School, where he was awarded two academic prizes.
At the Bar, Andrew 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. A list of recent matters is provided below.
Before coming to the Bar, Andrew was Special Counsel with Norton Rose Fulbright. At Norton Rose Fulbright, Andrew managed the successful parallel importation strategy in Paul’s Retail Pty Ltd v Lonsdale Australia Ltd  FCAFC 130. He also acted for Gilead in relation to patents for its hepatitis C drug “Harvoni”. In that matter, Andrew had carriage of Gilead’s expert evidence regarding mathematical modelling of HCV infections.
In 2013, he advised the ACCC in relation to its authorisation in respect of the Australasian Performing Right Association’s arrangements for the acquisition and licensing of performing rights in music. He acted for Foo Fighters in the band’s Federal Court claim concerning unauthorised use of the track “Learn to Fly” and, later, for Queens of the Stone Age, in copyright allegations relating to “The Lost Art of Keeping a Secret”.
Andrew also has broad litigation expertise, having acted for Matthew Joyce throughout the Sunland (Dubai Waterfront) litigation.
He is a former reporter for the Intellectual Property Reports and a former member of the Victorian committee of IPSANZ (the Intellectual Property Society of Australia & New Zealand).
Andrew read with Peter Wallis QC and his senior mentor is Bruce Caine QC.
Since coming to the Bar, Andrew's experience includes (in alphabetical order):
7-Eleven class action (Davaria Pty Limited v 7-Eleven Stores Pty Ltd (No 5)  FCA 953) (with N Young QC, R Craig SC, & F Shand) (franchising, ACL claims)
CPL Notting Hill Pty Ltd v Microsoft Corporation (No 2)  FCA 223 (with P Zappia QC) (copyright, trade marks)
Directed OE Pty Ltd v OE Solutions Pty Ltd & Ors (VID 1157/2017) (with S McNicol QC and P Wallis) (confidential information, search orders, privilege)
Fonterra Brands Australia Pty Ltd and anor v Bega Cheese Ltd (S ECI 2017 00283) (with G Dalton QC & P Creighton-Selvay)
Hocking Stuart Pty Ltd v Hocking Stuart (Ballarat) Pty Ltd (S ECI 2019 04401) (with S Maiden QC) (franchising)
Kraft Foods Group Brands LLC & Ors v Bega Cheese Limited (VID 1220/2017) (with R Garrett QC, P Gray QC, IP Horak, M Fleming) (copyright, trade marks, passing off, contract)
Meneses v Directed Electronics OE Pty Ltd  FCAFC 190 (with S McNicol QC)
Molopo Energy Limited v Johal & Ors - Supreme Court of Victoria Proceeding No. S ECI 2018 00120 (with R Craig SC)
MCH Australia Pty Ltd v Kee Doery & Ors  VSC 412 (with A Hanak QC, fiduciary duties, confidential information)
Tait International Limited v Haigh (VID 1468/2018) (unled) (copyright, anti-circumvention provisions)
Vehicle Monitoring Systems Pty Ltd v SARB Management Group Pty Ltd (NSD 200/2019) (with HPT Bevan) (patents)
Vokes Ltd v Laminar Air Flow Pty Ltd  FCAFC 109 (with IP Horak) (trade marks, administrative law)
Weatherbeeta Limited v Hammersmith Nominees Pty Ltd  VSC 559 (with Rob Craig SC) (contract dispute)
Werribee Automotive Holdings Pty Ltd & Ors v Volkswagen Group Australia Pty Ltd & Ors (S ECI 2017 00220) (with JP Moore QC) (franchising, trade marks, freezing orders)
*Liability limited by a scheme approved under Professional Standards legislation