Address: Denman Chambers, 7/185 Elizabeth St, Sydney NSW 2000
Phone: 02 9264 6899
Mobile: 0414 449 048
$550/hr (inc. GST), $5,550/day (inc. GST); Package rate: $6000 (inc. GST) includes mediation day, preliminary conferences, directions, reading and preparation; Reduced rates for extended mediation upon request and also for small disputes.
I have conducted mediations since I was accredited by Resolution Institute (formerly LEADR) in 1992, primarily intellectual property disputes.
I have successfully mediated a large number of IP disputes since 1992. These have included patent, trade mark and design disputes that are the subject of existing or threatened litigation, the subject of opposition proceedings and the subject of dispute resolution clauses in contracts.
My mediations in the very immediate future include a dispute involving infringement and invalidity of a registered design and a patent for equipment where proceedings have not yet commenced (27 April 2017) and a dispute in the Federal court involving a very well known trade mark (3 May 2017).
I always issue directions to facilitate the mediation which I find assists in preventing unnecessary problems on the day. These include directions relating to demonstration of any technology involved in the dispute. My directions tailored to each dispute, together with my long experience in IP matters and my interest in finding ways to resolve a dispute, means that disputes I mediate almost always settle. Those that do not usually settle shortly afterwards. On average, the mediations I conduct take 4-8 hours. I have occasionally stood over a mediation to enable a party to take some further steps such as obtaining information or expert advice. This has been a successful technique and preferable to abandoning a mediation.
I have conducted mediations using videoconference facilities or have been in part by telephone. I do not provide facilities myself but I recommend venues that have state of the art facilities and which also give the parties a discount on venue hire fees if they use a Bar mediator such as the NSW Bar Dispute Resolution Centre. I instituted and organised an Online Dispute Resolution Workshop for the NSW Bar Association in 2011.
Accreditation: Resolution Institute (LEADR) accredited mediator since 1992. Accredited under the National Mediator Accreditation System as an experience qualified mediator by the NSW Bar Association and Resolution Institute since 2008. Expert determiner and arbitrator approved by the NSW Bar Association under the BarADR scheme since 2010.
Mediation Training: LEADR (4 days 1992), Colorado Advanced Mediation course (3 days 1994), MATA Advanced Mediation Workshop (UK, 6 days 2008), NSW Bar Mediation Workshop (1 day, 2008); Australian Commercial Disputes Centre Advanced Mediation Course (2 days, 2011), WIPO Workshop for Mediators in Art and Cultural Heritage (London, 2 days 2012), NSW Bar Association Advanced Mediation Workshop (1 day, 2009, 2014); NSW Bar Association ADR Workshop (1 day, 2010, 2011); NSW Bar Association Online Dispute Resolution Workshop (2010)
Selected online courses: The Art of Negotiation (University of California, Irvine); Successful Negotiation: Essential Strategies and Skills (University of Michigan)
Other ADR training: NSW Bar Association Expert Determination Workshops (2010), NSW Bar Association Arbitration Workshops (2010), CiArb Diploma Course in International Commercial Arbitration (2011)
Mediation Panels: Member of the mediation panels of Supreme Court of NSW, District Court of NSW, NSW Bar Association, Australian Centre for International Commercial Arbitration, World Intellectual Property Organisation, Resolution Institute and APRA AMCOS. Member, Screenrights Independent Expert Panel.
Continuing Professional Development: As the inaugural chair of the NSW Bar’s ADR Committee (2008-2015), I organised and participated in a large number of seminars on mediation issues and in 2008, 2009 and 2014 all day workshops on mediation and advanced mediation
Specialist experience and qualifications
Appointments: Chair, NSW Bar Association Alternative Dispute Resolution Committee 2008- 2015. Chair, NSW Bar Association Pre-Litigation Requirements Committee 2010-2015. NSW Bar Association representative on National Mediator Accreditation Committee, NSW Supreme Court ADR Steering Committee and NSW ADR Blueprint Steering Committee 2008-2015; Director, Australian International Commercial Arbitration Centre 2010-2015
Legal Practice: Admitted to the NSW Bar 20 December 1985. Appointed Senior Counsel 1 October 2003
Upon joining the bar in 1986, I practised primarily in intellectual property, consumer law and alternative dispute resolution. Since 2015, I have concentrated on mediation and other ADR and advice and strategy relating to litigation. A number of my matters in recent years have involved pharmaceutical patents, for example Apotex Pty Ltd v Warner-Lambert Co LLC (No 3)  FCA 94; Bayer Pharma Aktiengesellschaft v Generic Health Pty Ltd (No 2)  FCA 279; Generic Health Pty Ltd v Otsuka Pharmaceutical Co Ltd  FCAFC 17; Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth  FCAFC 132
I have been listed in Doyle’s Guide from 2010 to date as a leading or recommended senior counsel in intellectual property
I was a part-time member of Copyright Tribunal of Australia 1998-2007
I am the author of the Patent, Trade Marks, Copyright, Consumer Law and Alternative Dispute Resolution chapters in the LexisNexis Intellectual Property Precedents service (I was General Editor, 2003-2015). I am a member of the Editorial Board of the Intellectual Property of Australia and NZ Journal
I regularly give presentations on legal and ethical issues in legal practice. These have included presentations on ethics and social media and technology to law firms and barristers’ chambers and on ethics for IP lawyers and patent and trade mark attorneys at the Legalwise 3rd Annual Intellectual Property Law Conference (March 2017) and 2nd Annual Intellectual Property Law Conference (March 2016). I have been invited to speak on IP and ADR at the IPSANZ conference in September 2017.
I have a strong interest in science and convene a Science in the City circle at The Women’s Club, Sydney which attracts 70+ attendees, including IP lawyers and patent attorneys. The speakers I have organised include Professor Mary-Anne Williams (social robotics) and Professor Michelle Simmons (quantum computing)