Barrister Information

Profile

Susan is a commercial law specialist with a proven reputation at the Bar and a significant history of commercial litigation as a solicitor. She was a Law Firm Partner prior to being called to the Bar. Whilst based in Melbourne, Susan appears nationally. She accepts advocacy briefs and advice briefs, appears as counsel and is also a Mediator in ADR matters. When acting as counsel, Susan is generally briefed alone, or with a Junior.

Beyond her broad Commercial Law practice, Susan has particular expertise in intellectual property law, including patents, designs, trademarks, copyright and moral rights. In addition to this she has a keen focus on breach of confidence claims, information technology matters and Australian Consumer Law and Corporations Act disputes. Susan also accepts briefs in property law, privacy, contract law and wills and estates disputes.

Susan is briefed in matters that are often complex and involve multiple parties, international clients and sensitive information. Susan’s style is detail oriented with a keen focus on practical outcomes for clients. She has a strength in handling matters with niche factual issues that span a wide array of legal subject areas.

Intellectual Property
Susan is well known for her work in all areas of intellectual property law and in cases that involve complex facts and technologies. She is briefed directly by law firms, patent attorneys and trade mark attorneys as well as directly by in-house lawyers. She is continually recognised in publications and awards programs such as Doyles Guide for her work in this space. Susan appreciates the intricacies and commercial realities that clients face and approaches these matters with a pragmatic and collaborative client focus.

Copyright
Susan’s copyright experience has seen her involved in matters arising from business disputes and litigation stemming from customer lists, ownership of creative ideas (often relating to artistic plans or compositions), business collateral and business procedures. These matters disputes frequently flow into or from employment matters and Susan is well equipped to advise and appear in these matters from early dispute to final settlement or trial. She is also experienced in disputes as to the design of industrial products and associated regulatory and compliance issues, medical devices, computer software and confidential information claims.

Patents
Within the patents space, Susan commonly accepts briefs which derive from inventions in the mechanical, mechatronics, chemical and civil engineering spheres. In addition to this she is well versed in the complexities associated with pharmaceutical and product patent disputes, which are well aligned with her scientific expertise and qualifications. Susan invites solicitors to speak with her from the earliest stages of these matters.

Trade Marks
Susan’s expertise in trade mark law sees her appear for both rights holders and alleged infringers, with an appreciation of the key issues and concerns each side may face. Her experience spans a very wide array of trade mark disputes, including retail products, clothing, character merchandising, use of images and likeness and business branding disputes. Susan is also a registered trademark attorney, and regularly appears at Trade Mark Office hearings as well as in Federal Court hearings.

Designs
Susan accepts briefs relating to registered designs for advice, litigation and mediations. Mostly her matters will have a focus on consumer and industrial product disputes and often involve packaging products packaging, fashion, clothing, consumer or user experiences and graphical interfaces through software and technology. Susan is one of the few Victorian based barristers who has proven experience and success in taking on these complex matters. 

Information Technology Matters 
Susan is very comfortable with matters involving highly specialised technical subject matter, including matters pertaining to AI. In relation to Information Technology disputes, Susan welcomes matters for advice, litigation and mediation. Susan enjoys commercial and IP disputes that cross into the Information Technology realm. 

Australian Consumer Law and the Corporations Act 
Aligning with her broad commercial law experience, Susan is briefed in litigious matters in both the Federal Court and the Supreme Court in a wide variety of matters relating to the Australian Consumer Law and the Corporations Act. She is often briefed in complex matters in this space, where multiple issues co-exist and overlap. This has included litigation involving contract disputes, misleading and deceptive conduct, unconscionable conduct, breach of director's duties, just and equitable winding up matters, shareholder disputes and issues arising from breaches of employee duties. 


Wills & Estates 

Susan has a keen interest in estates matters, particularly those involving complex trust issues. She approaches these disputes strategically and with commercial nuance taking into consideration all aspects of the client's interests. 

Susan was involved in a recent significant Estates trial, the matter of Dunn v Dunn-Vaughan [2024] VSC 7 (31 January 2024) before Justice O'Meara in the Supreme Court (S ECI 2019 05556). She welcomes estates matters for advice, mediation and litigation. 

Studies, prior work and other relevant experience 
Susan holds a science honours degree majoring in botany and genetics, an LLB and an LLM. Before coming to the bar, Susan worked for 7 years in the Courts Management Division of the Victorian Attorney-General's Department and then in a commercial law firm in the Melbourne CBD, the last 3 of her 10 years there as a partner, managing the firm's intellectual property and information technology practice. 

Susan regularly presents at seminars and webinars, on current developments in her subject matter specialties as well as on ethics, advocacy, mediation and evidence preparation. She is also an accredited advocacy instructor, assisting bar readers, students and lawyers in the Pacific region to focus and develop their advocacy skills. 

Susan has been recognised by Doyle's Guide as 'Leading Intellectual Property Law Barristers - Victoria 2024'

Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.

Admitted

07 Mar 1994

Victorian Bar

23 May 2002

Areas of Expertise

    Appellate 1 Areas

    • Civil Appeals

    Commercial 5 Areas

    • Competition and Consumer Law
    • Contractual Disputes
    • Insurance - Public Liability
    • Intellectual Property
    • Restraint of Trade

    Corporations Law 3 Areas

    • Directors and Officers Claims
    • Partnership Disputes
    • Shareholder Disputes

    Technology and Media Law 2 Areas

    • eCommerce
    • Information Technology and Computing

    Alternative Dispute Resolution 1 Areas

    • Mediations

    Equity 3 Areas

    • Real Property
    • Trusts
    • Wills and Probate

To Engage With Susan Gatford
Call us on 03 9225 7777 or Enquire Below