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Susan Kathleen Gatford
LL.M.(Melb): LL.B. (Monash): B.Sc(Hons). (Melb)
Chambers: Floor 13: Room 1302: Building ODCE
Admitted : 1994
Signed Bar Roll : 2002
Admitted to Practice in : Victoria, Federal jurisdictions.
Phone : (03) 9225 7556 Facsimile : (03) 9225 6127
E-Mail : susangatford@vicbar.com.au
Areas of Practice :
  • Intellectual Property
  • Trade Practices
  • Commercial Law
  • Contract
  • Corporations (Company) Law
  • Equity & Trusts
  • Property Law / Sale of Land
  • Banking and Finance
  • Leases : Commercial and Retail Tenancies
  • Partnership

  • Relevant Experience

    Susan practices in commercial dispute resolution generally with a particular interest in intellectual property. Before joining the Bar Susan was the partner responsible for the intellectual property practice of the CBD commercial law firm Jerrard & Stuk, Lawyers. Susan 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 practiced principally in the Federal Court and in the Commercial and Equity Division of the Supreme Court. She has been briefed to appear and to advise in matters involving trade marks, copyright, contract, trade practices, plant breeder rights, patents, breach of fiduciary duty, confidential information, passing off, partnership, corporations, property and body corporate law, but never 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:-

  • Tu v Pakway Australia Pty Ltd [2004] FCA 1151, Tu v Pakway Australia Pty Ltd [2006] FCA 34. Federal Court designs trial - junior counsel with Colin Golvan SC 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. Federal Court trial and Full Court
    appeal; contract and franchising; - junior counsel with Colin Golvan SC for the CGM parties.

  • Plantmark Pty Ltd v Wal-Mart Stores, Inc [2003] ATMO 9 (5 February 2003). Trade mark opposition hearing - counsel for Plantmark.

  • Active Concepts Pty Ltd v True North Consulting [2003] ATMO 16 (10 March 2003).Trade mark opposition hearing; counsel for Active Concepts.

  • Zee Sweet Pty Ltd v Magnom Orchards Pty Ltd & Ors [2003] VSC 486 (18 December 2003) Supreme Court Commercial List trial - contract, misleading conduct, and plant breeders’ rights; - junior counsel with Norman O’Bryan SC and Stephen O’Bryan SC for the Magnom parties

  • Helios Electroheat v Major Engineering (2004) County Court Victoria, Major Engineering Pty Ltd v Helios Electroheat Pty Ltd [2006] VSCA 107 (16 May 2006. County Court trial and Court of Appeal hearing - Contract, fit for purpose, damages. Counsel for Helios at trial; - junior counsel with Peter Riordan SC on appeal

  • Link Recruitment Pty Limited v Link Employment and Training Inc [2006] ATMO 39 (12 May 2006). Trade mark opposition hearing – counsel for Link Employment and Training Inc.

  • 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

  • World of Technologies (Aust) Pty Ltd v Tempo (Aust) Pty Ltd [2007] FCA 114 (14 February 2007). Federal Court - design infringement and revocation, inducing breach of contract - counsel for Tempo

  • Arbormasters Pty Ltd v Arbormaster Training Inc. [2007] ATMO (5 February 2007).Trade mark opposition hearing. Counsel for Arbormasters Pty Ltd


  • 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)


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