Practice Expertise

  • Intellectual property
  • Education
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Areas of Practice

  • Education
  • Intellectual property
  • Media, Entertainment, Sport and Leisure
  •  

Profile

I have successfully represented clients in copyright, trademark, confidential information, passing off, and Australian Consumer Law disputes, including in the Federal Court, High Court, and Copyright Tribunal of Australia. I have significant experience in copyright licensing disputes and have represented numerous clients, both copyright owners and users, in negotiations and proceedings in the Copyright Tribunal. I am also the current President of the Copyright Society of Australia.

I take pride in my accurate, timely advice and client-friendly, collaborative approach.

Career highlights

  • Advise all Government, Catholic and Independent schools nationally, as well as TAFEs, in relation to their compliance with Australia's copyright laws and issues arising out of the statutory and voluntary copyright licences applicable to educational institutions.
  • Acted in the first Federal Court proceedings involving what was a new and un-tested section of the Copyright Act 1968 (Cth) (Section 115A) that allows internet service providers to be ordered to block pirate websites. I have acted in a number of site-blocking proceedings since this time.
  • Acted in High Court proceedings in which the record industry challenged the statutory cap on licence fees for broadcasting sound recordings on radio.
  • Represented a number of industries – including education, subscription television, free-to-air television, video on demand, fitness centres and nightclubs – in negotiations and disputes with collecting societies. Represented a copyright collecting society in Copyright Tribunal proceedings in relation to the rates payable for the use of their members' copyright works.
  • Successfully defended a cosmetics company against allegations of trade mark infringement, an appeal from a decision of the Trade Marks Office, misleading and deceptive conduct, passing off and contraventions of the Therapeutic Goods Act.
  • Helped an eyewear supplier defend and initiate a number of misleading advertising cases under the Competition and Consumer Act 2010 (Cth).
  • Actively involved in MinterEllison’s pro-bono program, having assisted with projects for the Arts Law Centre of Australia, Camp Quality, Biennale of Sydney and KidsXpress.

Education
B BUS, LLB (HONS)

Areas of Practice

  • Education
  • Intellectual property
  • Media, Entertainment, Sport and Leisure

Professional Career



Articles

  • Mattel's TM Strategy: Barbie's everything! He's just Ken.

    The global marketing blitz in the up to this year's hottest of hot pink film releases, Barbie, has seen an extraordinary number of brand collaborations. We explore the IP implications.

  • ChatGPT and the legalities of language generation

    ChatGPT uses deep learning techniques to generate human-like text. It has sparked concern among copyright owners whose literary works may have been used without their knowledge or permission, raising questions about copyright infringement as well as subsistence and ownership of copyright in the output produced.

  • Knocking out piracy
    Recent cases show media companies are working on ways to better protect their digital content and in the process, are reshaping Australian copyright infringement laws for the digital age.
  • Copyright in the digital age | COVID-19 prompts reform to copyright access laws

    The government has proposed new copyright law reforms that reflect an increasingly digital landscape. The changes would impact educational institutions, libraries, archives, researchers, academics and governments. We explore their implications.

  • Trademark action taken by Lindt

    Battle of the Bunnies. A recent case highlights that consumer protection will remain at the forefront of the Court's mind when making decisions about certain shape trade marks.

     

  • New copyright issues paper reflects an increasingly digital world

    The Federal Government has released an issues paper in relation to its review of the current copyright enforcement regime. It is inviting submissions from interested parties, particularly those who have previously used the existing copyright enforcement mechanisms.

  • The first music case dealing with fair dealing

    In one of the most highly anticipated judgments of the year, the Federal Court has found that Clive Palmer infringed copyright in Twisted Sister's 'We're Not Gonna Take It'

  • Site-blocking provisions will be expanded in Australia
    Recent amendments to the site-blocking provisions of the Copyright Act 1968 (Cth) will broaden the scope of Australia's site-blocking regime.
  • Gotta catch 'em all: Pokémon continues to crack down on unlicensed products

    The Pokémon Company International Inc successfully obtained an urgent injunction against "Pokemon Pty Ltd" and its sole director, who were planning to launch a game called PokeWorld and commence selling NFTs of characters from the popular game series.

  • The 'Modernising Television Regulation in Australia' Green Paper

    In response to the 2019 Digital Platform Inquiry, the Australian Government has committed to a process of media reform and, as part of this process, has recently released the Media Reform Green Paper: Modernising Television Regulation in Australia. We provide a high-level summary of the Green Paper.

  • The fight for academic integrity: first site-blocking orders issued under TEQSA Act

    The reach of Australia's site-blocking regime continues to grow, with academic cheating services the current target.

  • Copyright enforcement review: Assessing the effectiveness of Australia's Copyright Infringement Regime

    The Australian government is conducting a review of the copyright enforcement regime to effectively safeguard creators' works, requesting input on existing mechanisms and emerging challenges.

  • Fearless Girl keeps standing in Australia

    The Full Court of the Federal Court of Australia has handed down a judgment in the protracted dispute between State Street Global Advisors and Maurice Blackburn in relation to the use of a replica of the iconic statue, Fearless Girl.

  • Covid and Copyright: protecting artists in the wake of the pandemic

    The Federal Government is shining the spotlight on the rights of artists in the wake of the pandemic, recently announcing it will undertake a review into the current copyright enforcement regime to ensure it effectively protects the works of creators from unauthorised use.

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