Emmerson Chambers is a group of commercial barristers based in Melbourne. We are intellectual property specialists. We are recognised as leading Australian practitioners in the field. Our expertise covers all areas of IP, both contentious (all aspects of litigation and dispute resolution) and non-contentious (advice). Our interest areas include patents, copyright, trade marks, designs law, passing off, confidential information, technology, media, entertainment and telecommunications law, plant breeders’ rights and circuit layouts.

About

Emmerson Chambers is named after the late Dr John Emmerson QC, who studied law at Melbourne University, after having published and taught on nuclear and particle physics at the University of Oxford. Dr Emmerson practised from 1976 to 2014, and as a senior counsel from 1985 to 2014. He was an acknowledged leader in the field in Australia, particularly in the fields of patents and copyright.

The group has six silks (David Shavin KC, Bruce Caine KC (who read with Dr Emmerson), Colin Golvan AM KC, Edward Heerey KC, Tom Cordiner KC and Peter Wallis KC) and 12 junior counsel, including a number of very senior juniors and more junior barristers (Warwick Rothnie, Justin Wheelahan, Stephen Rebikoff, Melissa Marcus, Peter Creighton-Selvay, Andrew Sykes, Clare Cunliffe, Campbell Thompson, Marcus Fleming, Natalie Hickey, Lucy Davis, Ryan Maguire and Andrew McRobert). Her Honour Justice Rofe of the Federal Court was a founding member of Emmerson Chambers before her appointment.

Emmerson Chambers is committed to collegiality, inclusivity and diversity. It is a centre of excellence for intellectual property in Victoria.

Areas of Expertise

  • Patent infringement and revocation
  • Trade mark law
  • Copyright law
  • Design law
  • Passing off
  • Confidential information
  • Consumer law
  • Competition law
  • Patent oppositions
  • Trade mark oppositions
  • Plant breeder’s rights
  • Circuit layout issues

News

Our Members

Junior Counsel

  • Warwick Rothnie

    Warwick Rothnie

    Warwick Rothnie’s main areas of practice are patents, copyright, trade marks, designs, confidential information, domain names, consumer protection and other commercial matters. He appears in cases and advises on all aspects of infringement, validity and ownership. He has been a WIPO domain name panelist since 2002.
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  • Justin Wheelahan

    Justin Wheelahan

    Justin is a Melbourne based barrister practising in intellectual property, commercial law, and administrative law. Some recent cases Justin has appeared in include Minister for Home Affairs & Anor v FRX17 as Litigation Representative for FRM17 [2020] HCA 43 (led by Geoffrey Watson SC) and Frugtniet v ASIC [2019] HCA 16 (led by Michael O’Bryan QC, now Justice O’Bryan). Justin has a Masters in Intellectual Property Law from Monash University, and is a contributing author to the confidential information section of Lahore’s Trade Marks, Patents and Confidential Information and Related Rights LexisNexis loose-leaf service.
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  • Stephen Rebikoff

    Stephen Rebikoff

    Stephen Rebikoff specialises in intellectual property and administrative law. He has experience in trials and appeals concerning copyright, trade marks, passing off, patents and confidential information, as well as misleading or deceptive conduct, comparative advertising, telecommunications and technology issues, and regulatory litigation. He also has particular expertise in relation to software disputes and the use of intellectual property on the internet. He is recommended in the Legal 500, Doyle’s Guide, Best Lawyers Australia and the World Trademark Review 1000.
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  • Melissa Marcus

    Melissa Marcus

    Melissa has extensive experience in all aspects of intellectual property law, particularly in trade marks and misleading or deceptive conduct. Melissa also practises in defamation law and general commercial law. She has appeared in Royal Commissions and has also advised in matters in the Federal Court, Federal Circuit Court, Supreme Court, Supreme Court of Victoria – Court of Appeal and County Court as well as before IP Australia.
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  • Peter Creighton-Selvay

    Peter Creighton-Selvay

    Peter Creighton-Selvay has been widely recognised as a leading intellectual property and commercial barrister, including in Chambers and Partners, The Legal 5000, Doyle’s Guide to Intellectual Property Barristers, Doyle’s Guide to Technology, Media & Telecommunications Barristers, and the World Trademark Review. He has significant trial and appellate experience and is regularly briefed to appear in the Federal Court, Supreme Court and IP Australia in a broad range of commercial and intellectual property proceedings.
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  • Andrew Sykes

    Andrew Sykes

    Andrew conducts a dedicated practice in intellectual property law with a predominate focus on branding (trade mark law, domain names and passing off).  In this area alone he has acted as counsel or arbitrator in over 50 matters issued and determined before various courts and tribunals.  He has been recognised in the World Trade Mark Review's Leading Trade Mark Professionals (Gold Band), Doyle's Guide (Intellectual Property) and in Best Lawyers Australia (Intellectual Property). 
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  • Clare Cunliffe

    Clare Cunliffe

    Clare Cunliffe has expertise in intellectual property litigation, with experience in patent revocation and patent infringement proceedings (including pharmaceutical patent injunctions), patent oppositions, trade mark proceedings, non-use applications and oppositions, and copyright litigation, as well as litigation concerning confidential information and consumer and competition law.
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  • Campbell P Thompson

    Campbell P Thompson

    Campbell Thompson has expertise in disputes relating to intellectual property, information technology and confidential information. Campbell also has extensive experience in trade secrets, consumer law and commercial contracts. He has appeared and advised in matters in the Federal Court, Federal Circuit Court, Supreme Court and County Court as well as before IP Australia.
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  • Marcus Fleming

    Marcus Fleming

    Marcus practises in commercial litigation, with a particular focus on intellectual property law. He has experience in intellectual property litigation in relation to patent revocation and infringement proceedings, patent oppositions, copyright infringement proceedings, trade mark infringement proceedings (including related consumer protection law claims and passing off), trade mark non-use applications and oppositions, and proceedings concerning allegations of misuse of confidential information and related breaches of employment duties. Marcus also has extensive experience in proceedings concerning claims for compensation on undertakings as to damages in the Federal Court of Australia in the context of pharmaceutical patent revocation proceedings.
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  • Natalie Hickey

    Natalie Hickey

    Natalie Hickey practises in general commercial litigation and is a specialist in intellectual property. She has extensive experience in commercial and consumer law including equitable claims arising from unconscionable conduct, as well as statutory claims arising under the Australian Consumer Law. Natalie also practises in sports law and defamation. She has a Masters’ degree from the University of Melbourne in media and telecommunications law.
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  • Lucy Davis

    Lucy Davis

    Lucy Davis has expertise in commercial litigation specialising in intellectual property law, with experience in trade mark proceedings, non-use applications and oppositions, copyright disputes, design infringement proceedings, patent proceedings and oppositions, as well as disputes concerning confidential information, consumer and competition law and franchising law.
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  • Ryan Maguire

    Ryan Maguire

    Ryan practises in intellectual property and related commercial law.  He provides specialist advice, appears at hearings before courts and the Trade Marks Office, prepares pleadings and written evidence and attends mediations.  Ryan is also a registered Trade Marks Attorney.
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  • Andrew McRobert

    Andrew McRobert

    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.
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Alumna

  • The Honourable Justice Helen Rofe

    The Honourable Justice Helen Rofe

    The Honourable Justice Helen Rofe had extensive experience acting for clients in intellectual property disputes, breach of confidence and employment disputes and class action litigation, before becoming a judge of the Federal Court on 12 July 2021.
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Find Us

Need further assistance? We are located at Level 18, at 200 Queen Street (Aickin Chambers), Melbourne. Contact details for our members can be found on their profile pages.

Address
Level 18
200 Queen Street (Aickin Chambers)
Melbourne VIC 3000

Our Reception

  • Katrina Sullivan

    Katrina Sullivan

  • Dianne Cuffe

    Dianne Cuffe