Dispute Resolution: The Bar

Bruce Caine KC operates across the full IP spectrum, handling copyright and trade mark mandates in addition to the patent work for which he is especially well known.

"Bruce is extremely capable."

"He is someone I rate highly."

Clare Cunliffe operates across the IP spectrum, being particularly well known for her exhaustive knowledge of patent law and deep familiarity with the pharmaceutical sector.

"The thing that sets Clare apart is her ability to get across a huge amount of material in a short time. That is extraordinary, and it makes her an extraordinary tool in our armoury."

"I have worked closely with Clare Cunliffe, who is a standout barrister. She is smart, quick and witty and she has a near encyclopaedic knowledge of case law in the field of patents."

Justin Bourke KC is an exceptionally experienced litigator, to High Court level, of workplace-related cases, in which he acts for both employers and a wide range of government agencies. He is widely regarded as one of the Victorian Bar's leading specialists in industrial relations issues.

"Justin is an exceptional silk in the field."

"Justin is a master advocate with a strategic brilliance few can match."

Matthew Harvey KC maintains a varied commercial practice within which shipping, broader transport and trade issues feature particularly prominently.

"He clearly and simply explains the position to the court."

"Matthew is my first pick for major shipping or maritime litigation in Victoria, South Australia and Tasmania."

Rachel Doyle SC is renowned for her handling of matters on behalf of trade unions and individual employees, and she also acts for employers and Victorian state bodies.

"She is fantastic."

Rebecca Davern is best known for her representation of employers in general employment, industrial relations and discrimination cases considered by the Federal Court.

"Rebecca is extremely hard-working and very user-friendly. Her attention to detail in case preparation is superb."

"She is very commercially and personally aware of the client and aware of how to manage the relationship and the risk profile."

Stewart Maiden KC is acknowledged by interviewees to be one of the silks most likely to be encountered on significant insolvency matters, but also one who is particularly noted for his expertise on international insolvency issues.

"Stewart is a technician of the highest order, has great client interface and is a genuinely nice person."

"He is an excellent insolvency lawyer, incredibly smart and hard-working."

Tom Cordiner KC brings exceptional qualifications to his work at the IP Bar, including a degree in molecular genetics, registration as both a patent and a trade mark attorney, and hands-on experience as a solicitor.

"Tom is the best intellectual property barrister in Australia."

"Tom Cordiner is a very impressive operator. He is thoughtful, caring, efficient, excellent with clients and, most importantly, a top-notch patent litigator."

Andrew Pollock acts principally for employers on such issues as enterprise bargaining, industrial action and the consequences of major restructures, handling both contentious and advisory mandates.

"Andrew Pollock is top-notch. His written and oral advocacy skills, along with his client management, are exceptional. He is extremely intelligent and goes the extra mile."

"He is great to have a collegiate and constructive team discussion about the law with and he is prepared to challenge and to listen. Across the board I would describe him as a really top performer."

Anthony Neal KC maintains a 360-degree native title practice which incorporates the representation not only of both proponent and traditional owner parties but also of relevant government bodies.

Benjamin Fitzpatrick is an exceptionally experienced senior junior who is best known for his work in the patent space, including oppositions and appeals, though his expertise covers the full range of IP practice.

"Ben is a very solid senior person."

Brendan Avallone draws upon experience acquired not only in private practice, but also in a number of state and Commonwealth government agencies to advise or advocate across a varied range of workplace issues, including industrial action, unfair dismissal applications and underpayment claims. A number of barristers place him on their lists of go-to employment barristers, and he receives tributes to both his expertise and his intellect.

Colin Golvan KC practises across the full range of IP disciplines, attracting praise for his work in both the patent and trade mark spaces and enjoying a particularly high level of recognition for his copyright-related expertise.

"Colin Golvan is an impressive individual and masterful negotiator."

Hamish Austin KC operates a versatile practice in which insolvency and transport issues – particularly shipping – feature especially prominently.

"Hamish Austin is highly regarded."

"He is an insolvency barrister I use for complex cases. He is very academic and good at strategy, not just good at court and drafting stuff."

Kane Loxley practises across a wide gamut of commercial issues, with particular prominence in shareholder class actions and significant regulatory disputes.

"Kane Loxley is my go-to junior in Melbourne. He is incredibly sharp, but also commercial, and one of the nicest barristers I have had the pleasure of working with."

Leigh Howard is singled out by market commentators for his in-depth knowledge of industrial relations. He handles the full range of disputes under the Fair Work Act 2009, as well as more public and regulatory issues.

"Lee Howard is smart and excellent and is the new thing in Melbourne."

"Leigh is very impressive. He is very knowledgeable regarding relevant case law, responsive and easy to deal with, and client-focused. He provides practical and commercial advice."

Marcus Fleming focuses his practice on litigation in the intellectual property area, offering experience of infringement-related mandates in the copyright, patent and trade mark spheres and of patent revocation proceedings.

"Marcus can always find a needle in a haystack. He has an incredible memory and is very thorough. He finds useful things hidden deep in the evidence."

"Marcus is an absolute standout. I regard him as a pre-eminent senior junior, and absolutely my go-to IP barrister."

Martin Scott KC devotes much of his practice to transport and shipping-related cases, with matters involving major shipping casualties featuring particularly prominently.

Nicholas De Young KC is active in a variety of spheres, including those of competition, professional negligence and trade practices, but stands out particularly for his handling of regulatory and corporations law issues.

"He is a great barrister."

"Nicholas is a rising star."

Nico Burmeister draws on experience both as a solicitor and as an in-house counsel in the recruitment sector to advise and advocate across a broad range of practice area issues, often leading his own cases and notably dividing his practice between Victoria and Western Australia. He is active in both the general employment and industrial relations spheres, and he is consistently identified as one of the most promising juniors at the Melbourne Bar.

Paul O'Grady KC is active across the full range of employment, industrial relations and occupational health and safety issues, making regular appearances in both the Supreme Court of Victoria and the Federal Court.

Peter Creighton-Selvay is active in all areas of IP work and the recipient of enthusiastic commendation from both instructing solicitors and fellow barristers. He has an impressive track record at both trial and appellate level.

"Peter is incredibly smart, well read, up to date and super cost-effective. He is one of the best intellectual property barristers and is on top of his game."

"He is excellent."

Jeremy Slattery SC maintains a wide-ranging practice which often addresses insurance, intellectual property, professional negligence or trade practice issues.

"I have worked with Jeremy for a number of years and he is a go-to silk for me. He is bright, user-friendly, can speak with the client and helps make practical and strategic decisions."

Craig Smith SC has a background in chemical engineering and often appears in cases involving technical scientific issues, including biotechnology and pharmaceuticals. He focuses on patent and trade mark cases.

"Craig Smith is a delight to work with. He is super-intelligent and being able to describe complex issues simply is one of his great skills."

David Yarrow offers experience in the native title space dating back to 1994 and represents indigenous groups across a broad range of mandates, including determination applications, claims-related litigation and other disputes.

"David Yarrow has carried out several native title matters this year and his knowledge of the law is superb, as is his communication to non-lawyers."

Kate Beattie is cited for a variety of capabilities by interviewees, sources not only identifying her as an experienced advocate in patent cases in general, but also stressing the significance of a scientific background to a career that has seen her act in several pharmaceutical patent cases.

"Kate is very tenacious in her advocacy before the court – a terrific quality."

"Kate Beattie is quick, scientifically trained and hard-working."

Luke Merrick SC is an experienced advocate at the Melbourne IP Bar, commanding particular respect for his work in the trade mark space.

"Luke Merrick has been great for me – calm and measured."

"He is very clever and I absolutely trust his judgement. He is very good at shaping a case in a way that is palatable to the judge."