|
|
|
|
|
|
Qualifications:
|
|
LL.M, LL.B, B.Sc (Hons)
|
|
|
Admitted to Practice in Victoria:
|
|
7 Mar 1994
|
|
|
Signed Victorian Bar Roll:
|
|
23 May 2002
|
|
|
Also entitled to Practise in:
|
|
Federal Court of Australia
|
|
|
Areas of Practice:
|
|
|
Banking and Finance
|
|
|
|
Commercial Law
|
|
|
|
Corporations and Securities
|
|
|
|
Equity/Trusts
|
|
|
|
Intellectual Property
|
|
|
|
Property Law
|
|
|
|
Residential/Retail Tenancies
|
|
|
|
Trade Practices
|
|
|
|
|
Profile:
|
|
Relevant Experience
Susan practices in commercial and intellectual property law. Before joining the Bar Susan was a partner at the CBD commercial law firm Jerrard & Stuk, Lawyers. She has completed a Master of Laws with a focus on intellectual property law and holds a Bachelor of Science (Honours) in the fields of genetics and botany as well as a Bachelor of Laws. In addition, she is a registered Trade Marks Attorney.
Since coming to the Bar Susan has appeared principally in the Federal Court and in the Commercial and Equity Division of the Supreme Court, but also in the County, Magistrates and Federal Magistrates Court and before the Trade Marks Office. Her experience includes trade marks, copyright, patents, contract, trade practices, plant breeders rights, breach of fiduciary duty, confidential information, passing off, partnership, corporations, property and body corporate law, but not family law or criminal law. She is generally briefed from the commencement of proceedings and is experienced in drafting pleadings, appearing in interlocutory applications and at mediations. Matters in which Susan has appeared include:-
Review 2 Pty Ltd v Redberry Enterprise Pty Ltd [2008] FCA 1588 (24 October 2008) Federal Court designs trial – counsel for the Respondent
J.E.M. Nominees Pty Ltd v Insurance News Pty Ltd & Ors [2008] FMCA 1227 (1 September 2008), Insurance News Pty Ltd (ACN 128 480 973) v JEM Nominees Pty Ltd (ACN 005 304 049) trading as Insurance News Australia [2008] FCA 1966 (19 December 2008) trade practices, Federal Magistrates Court trial and Full Court appeal – counsel for JEM
World of Technologies (Aust) Pty Ltd v Tempo (Aust) Pty Ltd [2007] FCA 114 (14 February 2007). designs and inducing breach of contract, Federal Court trial - counsel for Tempo
Cadence Asset Management Pty Ltd v Concept Sports Limited [2006] FCA 944 (27 July 2006). Full Federal Court – leave to appeal against interlocutory orders - counsel for the directors
Helios Electroheat v Major Engineering (2004) County Court Victoria, Major Engineering Pty Ltd v Helios Electroheat Pty Ltd [2006] VSCA 107 (16 May 2006). Contract, Goods Act and damages. County Court trial and Court of Appeal hearing - Counsel for Helios at trial and junior counsel for Helios on appeal
Tu v Pakway Australia Pty Ltd [2004] FCA 1151. Federal Court designs trial - junior counsel for the Applicants
CGM Investments Pty Ltd v Chelliah [2003] FCA 79, CGM Investments Pty Ltd v Chelliah (No 2) [2003] FCA 305, CGM Investments Pty Ltd v Chelliah (No 3) [2003] FCA 405 Wallera Pty Ltd v CGM Investments Pty Ltd [2003] FCAFC 279. Contract and franchising, Federal Court trial and Full Court appeal; - junior counsel for CGM
Zee Sweet Pty Ltd v Magnom Orchards Pty Ltd & Ors [2003] VSC 486 (18 December 2003) Contract, misleading conduct, and plant breeders’ rights, Supreme Court Commercial List trial, junior counsel for the Magnom parties
Trade Mark Opposition hearings:-
Plantmark Pty Ltd v Wal-Mart Stores Inc [2003] ATMO 9 (5 February 2003), Active Concepts Pty Ltd v True North Consulting [2003] ATMO 16 (10 March 2003),
Link Recruitment Pty Limited v Link Employment and Training Inc [2006] ATMO 39 (12 May 2006),
Arbormasters Pty Ltd v Arbormaster Training Inc. [2007] ATMO (5 February 2007),
The Gillette Company v Jarvis Walker Pty Ltd [2007] ATMO 36 (19 June 2007),
Fendi v Fox-Wizel [2007] ATMO 46 (8 August 2007),
Haoliang Sun & Golden Land Group Pty Ltd v Chinese Culture School Inc [2009] ATMO 12 (6 February 2009),
General Nutrition Investment Company v Little Vienna Pty Ltd [2009] ATMO 44 (29 June 2009)
Current Memberships
Victorian Bar Professional Standards and Education Committee (PSEC)
Intellectual Property Society Australia New Zealand (IPSANZ)
Institute of Patent and Trade Mark Attorneys (IPTA)
International Association for the Protection of Intellectual Property (AIPPI)
Victorian Society for Computers and the Law (VSCL)
Anglo-Australasian Lawyers Society (AALS)
Commercial Bar Association (Commbar)
|
|
|
Victorian Bar Committee Memberships:
|
|
|
|
Professional Standards Education Committee
|
|
|
|
|
|
|
|
|