Sue is a senior partner specialising in intellectual property and trade practices litigation, dispute resolution and advice. Sue is the Practice Area Leader of Freehills’ IP Litigation and Trade Mark groups.

Sue’s intellectual property practice involves advising on all intellectual property issues, including patents, trade marks, copyright, passing off, confidential information and designs, and acting for clients in disputes in relation to these intellectual property rights. This has frequently involved obtaining urgent interlocutory injunctions.

Sue also has extensive experience in Trade Practices matters. Sue regularly advises clients on advertising and marketing campaigns and the impact of the consumer protection provisions (Part V) of the Trade Practices Act 1974 (Cth) (TPA). This has included acting for companies against competitors and against regulators, including the Australian Competition and Consumer Commission, in threatened and actual proceedings.

Sue has also acted in a number of significant competition law matters against the ACCC.

Sue is recognised as:

• ‘One of the firm’s leading litigators, Sue Gilchrist … is much sought after for her “commercially perceptive approach” and practical advice.’ (Chambers and Partners 2009)
• ‘a “polished and professional” advocate who is always calm under pressure and whose clients have reported that: “We know we are in very capable hands.”’ (Chambers Global 2007/2008 )
• ‘a “best lawyer” in both the Litigation and IP categories in Australia (Australian Financial Review 2008 and 2009), and
• ‘a “leading individual” in IP in Australia’ (Asia Pacific Legal 500).

Major projects and clients

Sue’s practice focuses on the pharmaceutical, consumer goods, telecommunications, entertainment and advertising industries.

Sue has conducted significant intellectual property and competition law litigation for Warner Home Video. She has also acted for Warner Home Video in other matters, and for Disney, Roadshow Films and MTV in the entertainment industry.

Sue has acted extensively for GlaxoSmithKline (formerly SmithKline Beecham) in a number of significant cases, including the Nurofen case, the Actiprofen case, the Nurofen Junior case, the Macleans Whitening case and the Maxclean case.

Significant reported cases where Sue has been the responsible partner include:

• The Kettle Chip Co Pty Ltd v PepsiCo Inc (t/as Frito-Lay Australia) 32 IPR 302; 33 IPR 161 (trade mark infringement)
• Al Hayat Publishing Co Ltd (1996) 34 IPR 214 (copyright and section 52, TPA)
• Sterling Winthrop Pty Ltd v Boots Co (Aust) Pty Ltd 32 IPR 161 (section 52, TPA)
• Boots Co (Aust) Pty Ltd v SmithKline Beecham Healthcare Pty Limited (formerly Sterling Winthrop Pty Ltd) 33 IPR 266 (section 52, TPA)
• Colgate-Palmolive Pty Ltd v SmithKline Beecham Holdings (Australia) Pty Ltd (1997) ATPR/41–579; (1997) 39 IPR 147 (section 52, TPA)
• Oehlschlager v Landcare Australia Ltd (1998) AIPC 91–407 (copyright in Landcare logo)
• Minnesota Mining & Manufacturing Co. v Tyco Electronics Pty Ltd (2001) AIPC 91–758 (patent infringement and validity)
• Australian Video Retailers Association Ltd v Warner Home Video Pty Ltd (2002) AIPC 91–768 (copyright in DVDs), and
• Beecham Group plc v Colgate-Palmolive [2004] FCA 1335; [2004] FCA 1482; [2005] FCA 838; [2005] FCA 1005 (trade mark infringement).

Sue is a member of the Intellectual Property Committee of the Law Council of Australia and a member of the Intellectual Property Society of Australia and New Zealand (IPSANZ).

Sue is admitted in the Supreme Courts of New South Wales, the Federal Court of Australia and the High Court of Australia. She has a combined Arts/Law (Honours) degree from the University of Sydney (1985) and a Master of Laws (1992) also from the University of Sydney. Sue joined Freehills in 1986 and became a partner in 1995.