Dispute Resolution: The Bar
Asia-Pacific Guide 2025 : Australia
Band 1
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List G Barristers constitutes a substantial Melbourne offering, mustering some 160 counsel. It focuses principally on commercial and public law issues and commands respect in the market. One commentator noted: "A very strong list of counsel; one of the top lists in Australia. They are canny, commercial operators." The list brings together advocates with particularly impressive track records in such specialised areas as employment, native title and shipping, as well as those maintaining broader commercial practices, and it attracts especially high praise for having assembled a notable cohort of IP practitioners. One interviewee observes that the list is "the preeminent list for IP in Melbourne." CEO and senior clerk Jane King is the principal contact.
Notable Practitioners
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 without doubt a leader of the IP bar - both in Melbourne and Sydney."
"Bruce is a pre-eminent IP silk in Australia."
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.
"Clare is highly intelligent, has a love of IP law, is extremely knowledgeable, and a delight to work with."
"Clare is very clever and grasps complex matters, including tricky and technical patent matters very quickly."
Hamish Austin KC operates a versatile practice in which insolvency and transport issues – particularly shipping – feature especially prominently.
"Hamish has a very considered style, so I always have confidence in the way he is presenting a case or preparing advice."
"Hamish is an excellent and extremely hardworking barrister, with exceptional standards of client service. His knowledge of insolvency is second to none."
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 a market leader."
"Justin is a leading silk with a top-drawer reputation."
Kane Loxley practises across a wide gamut of commercial issues, with particular prominence in shareholder class actions and significant regulatory disputes.
"Kane is a class act across all areas."
"Kane is very measured and forthright."
"Kane is absolutely, outstandingly bright. He is great drafter of submissions and excellent on his feet."
Martin Scott KC devotes much of his practice to transport and shipping-related cases, with matters involving major shipping casualties featuring particularly prominently.
Matthew Harvey KC maintains a varied commercial practice within which shipping, broader transport and trade issues feature particularly prominently.
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 highly intelligent, very knowledgeable about IP matters, and the author of formidable submissions."
"Peter is without question one of the very smartest barristers at the Victorian Bar."
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 very clear, purposeful and practically oriented."
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 hardworking and technically excellent. She has a clear understanding of the commercial pressures on clients."
"Rebecca is a delight to work with and has a strong work ethic. She gets the job done, is diligent and knowledgeable."
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 extremely smart and has been at the forefront of developments in insolvency and restructuring for many years now."
"He's a true insolvency guru, including on international issues and he is the silk who knows cross-border insolvency truly well."
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 a leading IP silk in Victoria. He is well-prepared and extremely collegiate."
"I was impressed with Tom’s ability to get across complex science in a short period of time and get to the heart of the issues."
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.
"He is very reliable."
"Andrew is excellent to work with. He is across the Fair Work Act in detail and his work product reflects that."
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.
"He is a relentless workhorse."
"Benjamin is a solid performer."
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.
"Brendan is a go-to choice for complex employment or industrial matters. He has huge experience and his fees are very reasonable."
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 is a pre-eminent IP silk particularly for copyright matters."
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.
"He is great value and easy to work with, strong and technical."
"He is very good and attentive."
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 is very knowledgeable about IP law and pleasant to work with."
"Marcus Fleming is very good on his feet with a nice style and is easy to work with."
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.
"Nick De Young is an excellent strategist."
"He is a thoughtful, well-prepared and pretty dynamic barrister."
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.
"Working with Nico is an absolute pleasure."
"Nico is very thorough and a very good advocate."
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.
Craig Smith SC has a background in chemical engineering and often appears in cases involving technical scientific issues, including biotechnology and pharmaceuticals. He focusses on patent and trade mark cases.
"Craig is an excellent IP silk with the ability to take on cases across different areas of IP. He is also a pleasure to work with."
"Excellent choice for any matters with difficult scientific or manufacturing issues, and Craig always has valuable strategic insights."
Luke Merrick SC is an experienced advocate at the Melbourne IP Bar, commanding particular respect for his work in the trade mark space.
"He is a skillful advocate and a pleasure to work with."
Jeremy Slattery KC maintains a wide-ranging practice which often addresses insurance, intellectual property, professional negligence or trade practice issues.
"Jeremy is an excellent legal mind and very user-friendly."
David Yarrow SC 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.
Kate Beattie SC 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 an excellent IP barrister with a focus on pharmaceutical patent cases."
"Kate Beattie is an excellent advocate."