Susan Gatford

Susan practices in commercial and intellectual property law. She accepts briefs to advise on or appear in matters relating to trade marks, designs, patents, copyright, moral rights, confidential information, information technology, plant breeders rights, licensing, trade practices, contracts, partnership, corporations and general commercial matters.

Following a science degree majoring in botany and genetics, Susan completed her LLB. She then worked in a boutique CBD commercial law firm for 10 years, for the last 3 years of those years as a partner.  In addition to managing the firm's intellectual property and information technology practice she conducted property, banking, leasing, company, tax, corporate and commercial matters, both litigious and non-litigious. During that period Susan completed a Master of Laws with a focus on intellectual property law, and became a registered Trade Marks Attorney.

Susan appears principally in the Federal Court at both trial and appellate levels and in the Commercial Court of the Supreme Court. She has also appeared in the County, Magistrates and Federal Magistrates Court and before the Trade Marks Office. She regularly appears on her own as well as with Senior Counsel. She is experienced in advice work, drafting pleadings, appearing in interlocutory applications and at mediations. Her trial experience includes

as sole counsel

Jack Brabham Engines Ltd v Beare [2010] FCA 872 - contract, trade practices, injurious falsehoods, Corporations Act

Review 2 Pty Ltd v Redberry Enterprise Pty Ltd (2008) 173 FCR 450; (2008) 791 IPR 214; [2008] FCA 1588 - registered designs

JEM Nominees Pty Ltd v Insurance News Pty Ltd & Ors [2008] FMCA 1227 - trade practices, passing off

Insurance News Pty Ltd v JEM Nominees Pty Ltd trading as Insurance News Australia (2008) 80 IPR 239; [2008] FCA 1966 - trade practices, passing off

World of Technologies (Aust) Pty Ltd v Tempo (Aust) Pty Ltd  (2007) 71 IPR 307; (2007) AIPC 92-245; [2007] FCA 114 - registered designs, inducing breach of contract

Cadence Asset Management Pty Ltd v Concept Sports Limited (2006) 58 ACSR 435; [2006] FCA 944 -Corporations Act, leave to appeal interlocutory orders

Helios Electroheat v Major Engineering (2004) County Court - contract, Goods Act, damages

as junior counsel

Polaris Communications v Dynamic Hearing [2009] FCA 890 - trade practices

Dynamic Hearing v Polaris Communications (2010) 273 ALR 696; [2010] FCAFC 135 - trade practices

Major Engineering Pty Ltd v Helios Electroheat Pty Ltd [2006] VSCA 107 - contract, Goods Act, damages

Tu v Pakway Australia Pty Ltd (2004) 62 IPR 637; (2004) AIPC 92-029; [2004] FCA 1151 - registered designs, trade practices

CGM Investments Pty Ltd v Chelliah (2003) 196 ALR 548; [2003] FCA 79 - contract, trade practices, franchising

Wallera Pty Ltd v CGM Investments Pty Ltd [2003] FCAFC 279 - contract, franchising

Zee Sweet Pty Ltd v Magnom Orchards Pty Ltd & Ors [2003] VSC 486 - contract, trade practices, plant breeders rights

 

Susan has also appeared as counsel in trade mark oppositions

Parkside Towbars Pty Ltd v Tow-Safe Pty Ltd [2011] ATMO 17

Vision Group Holdings Limited v 3D Health Screen Pty Ltd [2010] ATMO114

Vision Group Holdings Limited v 3D Health Screen Pty Ltd (2010) 90 IPR 434; [2010] ATMO 115

General Nutrition Investment Company v Little Vienna Pty Ltd [2009] ATMO 44

Haoling Sun & Golden Land Group Pty Ltd v Chinese Culture School Inc [2009] ATMO 12

Fendi v Fox-Wizel  (2007) 73 IPR 566; (2007) AIPC 92-259; [2007] ATMO 46

The Gillette Company v Jarvis Walker Pty Ltd(2007) 73 IPR 451; [2007] ATMO 36

Arbormasters Pty Ltd v Arbormaster Training Inc (2006) 69 IPR 614; (2006) AIPC 92-213; [2007] ATMO 7

Link Recruitment Pty Limited v Link Employment and Training Inc (2006) 68 IPR 614; (2006) AIPC 92-213; [2006] ATMO 39

Plantmark Pty Ltd v Wal-Mart Stores Inc [2003] ATMO 9

Active Concepts Pty Ltd v True North Consulting (2003) 58 IPR 572; [2003] ATMO 16

 

Susan is a member of the following professional groups

Victorian Bar Professional Conduct Committee

Commercial Bar Association (Commbar)

Intellectual Property Society Australia New Zealand (IPSANZ)

Institute of Patent and Trade Mark Attorneys (IPTA)

International Association for the Protection of Intellectual Property (AIPPI)

Anglo-Australasian Lawyers Society (AALS)