Andrew McRobert

Bar Roll: 2017 Admitted: 2000
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Andrew has over 20 years’ experience in commercial litigation, with particular expertise in intellectual property disputes and class action litigation.

He was one of three Melbourne barristers included in Doyles’ list of Emerging Intellectual Property & TMT Junior Counsel when he joined the Bar in 2017.  In 2020, he was included in Doyle’s list of Leading Intellectual Property Junior Counsel in Victoria.  In 2022, Andrew was one of five Melbourne barristers included in Doyle’s list of Leading Class Action Junior Counsel in Australia. He is also listed in Best Lawyers.

Andrew holds a Master of Laws from Cornell Law School, where he was awarded two academic prizes.

Andrew’s class action experience at the Bar includes acting for Mercedes-Benz, 7-Eleven, GM Holden, the State of WA, JB HiFi and Noumi.

At the Bar, Andrew has appeared (led and unled) in a range of intellectual property and commercial disputes in the Federal Court, Supreme Court of Victoria, Federal Circuit Court and IP Australia. His IP experience at the Bar includes acting for ANZ, StarTrack, Nando’s, the Block Arcade and Experian.

Before coming to the Bar, Andrew was Special Counsel with Norton Rose Fulbright.  There, Andrew managed the successful parallel importation strategy in Paul’s Retail Pty Ltd v Lonsdale Australia Ltd  [2012] FCAFC 130. He also acted for Gilead in relation to patents for its hepatitis C drug “Harvoni”.

Andrew acted for Foo Fighters in the band’s Federal Court proceedings concerning unauthorised use of the track “Learn to Fly” and, later, for Queens of the Stone Age, in copyright allegations relating to “The Lost Art of Keeping a Secret”.

He is a former reporter for the Intellectual Property Reports and a former member of the Victorian committee of IPSANZ (the Intellectual Property Society of Australia & New Zealand).

Andrew read with Peter Wallis KC and his senior mentor is Bruce Caine KC.

Since coming to the Bar, Andrew’s experience includes (in alphabetical order):

• 7-Eleven class action (Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2020] FCAFC 183) (with N Young KC, R Craig KC, K Foley SC & F Shand) (franchising, ACL claims)

• CPL Notting Hill Pty Ltd v Microsoft Corporation (No 2) [2019] FCA 223 (w/ P Zappia KC) (copyright, trade marks)

• Cygnett Pty Ltd v George Souris & Tempo (Aust) Pty Ltd (VID 1275/2019) (w/ S Maiden KC) (confidential information, fiduciary duties, privilege)

• Directed OE Pty Ltd v OE Solutions Pty Ltd & Ors (VID 1157/2017) (w/ S McNicol KC and P Wallis KC) (confidential information, search orders, privilege)

• Fonterra Brands Australia Pty Ltd and anor v Bega Cheese Ltd (S ECI 2017 00283) (w/ G Dalton KC & P Creighton-Selvay)

• Hocking Stuart Pty Ltd v Hocking Stuart (Ballarat) Pty Ltd (S ECI 2019 04401) (w/ S Maiden KC) (franchising)

• Kraft Foods Group Brands LLC & Ors v Bega Cheese Limited (VID 1220/2017) (w/ R Garrett KC, P Gray KC, IP Horak, M Fleming) (copyright, trade marks, passing off, contract)

• Meneses v Directed Electronics OE Pty Ltd [2019] FCAFC 190 (w/ S McNicol KC)

• Molopo Energy Limited v Johal & Ors – Supreme Court of Victoria Proceeding No. S ECI 2018 00120 (w/ R Craig KC)

• MCH Australia Pty Ltd v Kee Doery & Ors [2019] VSC 412 (w/ A Hanak KC, fiduciary duties, confidential information)

• Om Business Group Pty Ltd & Ors v Nestle Australia Ltd & Anor [2021] QSC 183 (w/ R Craig KC) (limitation period)

• Vehicle Monitoring Systems Pty Ltd v SARB Management Group Pty Ltd (NSD 200/2019)  (w/ HPT Bevan SC) (patents)

• Vokes Ltd v Laminar Air Flow Pty Ltd [2018] FCAFC 109 (w/ IP Horak) (trade marks, administrative law)

• Weatherbeeta Limited v Hammersmith Nominees Pty Ltd [2019] VSC 559 (w/ Rob Craig KC) (contract dispute)

• Werribee Automotive Holdings Pty Ltd & Ors v Volkswagen Group Australia Pty Ltd & Ors (S ECI 2017 00220) (w/ JP Moore KC) (franchising, trade marks, freezing orders)

 

*Liability limited by a scheme approved under Professional Standards legislation

CommercialCorporate & CommercialDefamation & Media LawFranchise LawFraud, White Collar Crime and CorruptionIntellectual Property - Copyright and DesignsIntellectual Property - PatentsIntellectual Property - TrademarksInternational ArbitrationProfessional Negligence

QUALIFICATIONS

LLB, BSc, LLM (IP)(Murdoch); LLM (Cornell)

Andrew holds a Bachelor of Laws, Bachelor of Science and Master of Laws (Intellectual Property) from Murdoch University. He also holds a Master of Laws from Cornell Law School, where he was awarded two academic prizes.

MEMBERSHIPS & ASSOCIATIONS

Andrew is a reporter for the Intellectual Property Reports and a member of the Victorian committee of IPSANZ (the Intellectual Property Soceity of Australia & New Zealand).

Andrew McRobert

Bar Roll: 2017 Admitted: 2000
print vcard

Profile

Andrew has over 20 years’ experience in commercial litigation, with particular expertise in intellectual property disputes and class action litigation.

He was one of three Melbourne barristers included in Doyles’ list of Emerging Intellectual Property & TMT Junior Counsel when he joined the Bar in 2017.  In 2020, he was included in Doyle’s list of Leading Intellectual Property Junior Counsel in Victoria.  In 2022, Andrew was one of five Melbourne barristers included in Doyle’s list of Leading Class Action Junior Counsel in Australia. He is also listed in Best Lawyers.

Andrew holds a Master of Laws from Cornell Law School, where he was awarded two academic prizes.

Andrew’s class action experience at the Bar includes acting for Mercedes-Benz, 7-Eleven, GM Holden, the State of WA, JB HiFi and Noumi.

At the Bar, Andrew has appeared (led and unled) in a range of intellectual property and commercial disputes in the Federal Court, Supreme Court of Victoria, Federal Circuit Court and IP Australia. His IP experience at the Bar includes acting for ANZ, StarTrack, Nando’s, the Block Arcade and Experian.

Before coming to the Bar, Andrew was Special Counsel with Norton Rose Fulbright.  There, Andrew managed the successful parallel importation strategy in Paul’s Retail Pty Ltd v Lonsdale Australia Ltd  [2012] FCAFC 130. He also acted for Gilead in relation to patents for its hepatitis C drug “Harvoni”.

Andrew acted for Foo Fighters in the band’s Federal Court proceedings concerning unauthorised use of the track “Learn to Fly” and, later, for Queens of the Stone Age, in copyright allegations relating to “The Lost Art of Keeping a Secret”.

He is a former reporter for the Intellectual Property Reports and a former member of the Victorian committee of IPSANZ (the Intellectual Property Society of Australia & New Zealand).

Andrew read with Peter Wallis KC and his senior mentor is Bruce Caine KC.

Since coming to the Bar, Andrew’s experience includes (in alphabetical order):

• 7-Eleven class action (Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2020] FCAFC 183) (with N Young KC, R Craig KC, K Foley SC & F Shand) (franchising, ACL claims)

• CPL Notting Hill Pty Ltd v Microsoft Corporation (No 2) [2019] FCA 223 (w/ P Zappia KC) (copyright, trade marks)

• Cygnett Pty Ltd v George Souris & Tempo (Aust) Pty Ltd (VID 1275/2019) (w/ S Maiden KC) (confidential information, fiduciary duties, privilege)

• Directed OE Pty Ltd v OE Solutions Pty Ltd & Ors (VID 1157/2017) (w/ S McNicol KC and P Wallis KC) (confidential information, search orders, privilege)

• Fonterra Brands Australia Pty Ltd and anor v Bega Cheese Ltd (S ECI 2017 00283) (w/ G Dalton KC & P Creighton-Selvay)

• Hocking Stuart Pty Ltd v Hocking Stuart (Ballarat) Pty Ltd (S ECI 2019 04401) (w/ S Maiden KC) (franchising)

• Kraft Foods Group Brands LLC & Ors v Bega Cheese Limited (VID 1220/2017) (w/ R Garrett KC, P Gray KC, IP Horak, M Fleming) (copyright, trade marks, passing off, contract)

• Meneses v Directed Electronics OE Pty Ltd [2019] FCAFC 190 (w/ S McNicol KC)

• Molopo Energy Limited v Johal & Ors – Supreme Court of Victoria Proceeding No. S ECI 2018 00120 (w/ R Craig KC)

• MCH Australia Pty Ltd v Kee Doery & Ors [2019] VSC 412 (w/ A Hanak KC, fiduciary duties, confidential information)

• Om Business Group Pty Ltd & Ors v Nestle Australia Ltd & Anor [2021] QSC 183 (w/ R Craig KC) (limitation period)

• Vehicle Monitoring Systems Pty Ltd v SARB Management Group Pty Ltd (NSD 200/2019)  (w/ HPT Bevan SC) (patents)

• Vokes Ltd v Laminar Air Flow Pty Ltd [2018] FCAFC 109 (w/ IP Horak) (trade marks, administrative law)

• Weatherbeeta Limited v Hammersmith Nominees Pty Ltd [2019] VSC 559 (w/ Rob Craig KC) (contract dispute)

• Werribee Automotive Holdings Pty Ltd & Ors v Volkswagen Group Australia Pty Ltd & Ors (S ECI 2017 00220) (w/ JP Moore KC) (franchising, trade marks, freezing orders)

 

*Liability limited by a scheme approved under Professional Standards legislation

Areas of Practice

CommercialCorporate & CommercialDefamation & Media LawFranchise LawFraud, White Collar Crime and CorruptionIntellectual Property - Copyright and DesignsIntellectual Property - PatentsIntellectual Property - TrademarksInternational ArbitrationProfessional Negligence

Cases

Publication

Qualifications & Memberships

QUALIFICATIONS

LLB, BSc, LLM (IP)(Murdoch); LLM (Cornell)

Andrew holds a Bachelor of Laws, Bachelor of Science and Master of Laws (Intellectual Property) from Murdoch University. He also holds a Master of Laws from Cornell Law School, where he was awarded two academic prizes.

MEMBERSHIPS & ASSOCIATIONS

Andrew is a reporter for the Intellectual Property Reports and a member of the Victorian committee of IPSANZ (the Intellectual Property Soceity of Australia & New Zealand).