Current practice
Sue is a senior partner specialising in intellectual property and trade practices litigation, dispute resolution and advice in the Sydney office of Freehills. Sue is the practice area leader of Freehills' IP Litigation group.Industry experience
Sue’s intellectual property practice involves advising on all intellectual property issues, including patents, trade marks, copyright, passing off, confidential information and designs, and in 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. 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 has been recognised as a ‘leading individual’ in IP in Australia (2006/07 Asia Pacific Legal 500); ‘highly recommended’ (2006/07 PLC Which Lawyer?); 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’ (2007/2008 Chambers); and a ‘best lawyer’ in both the IP and Litigation categories in Australia (2008 Australian Financial Review).
Major projects and clients
Sue’s practice focuses on the pharmaceutical, consumer goods, telecommunications, entertainment, finance and advertising industries.
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 in which Sue has been the responsible partner include the following:
- 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 Trade Practices Act)
- Sterling Winthrop Pty Ltd v Boots Co (Aust) Pty Ltd 32 IPR 161 (section 52 Trade Practices Act)
- Boots Co (Aust) Pty Ltd v SmithKline Beecham Healthcare Pty Limited (formerly Sterling Winthrop Pty Ltd) 33 IPR 266 (section 52 Trade Practices Act)
- Colgate-Palmolive Pty Ltd v SmithKline Beecham Holdings (Australia) Pty Ltd (1997) ATPR/41–579; (1997) 39 IPR 147 (section 52 Trade Practices Act)
- 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)
- Beecham Group plc v Colgate-Palmolive [2004] FCA 1335; [2004] FCA 1482; [2005] FCA 838; [2005] FCA 1005 (trade mark infringement)
Professional background
Sue is a member of the Intellectual Property Committee of the Law Council of Australia and is convenor of its Court Practice subcommittee. She is also a member of the Intellectual Property Society of Australia and New Zealand (IPSANZ).Sue is admitted in the Supreme Courts of New South Wales, Victoria and Queensland, the Federal Court of Australia and the High Court of Australia.
Sue 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.
