Richard McCormack

Barrister at Darlington Chambers

Richard McCormack practises as a barrister, primarily in the areas of Intellectual Property, as well as insurance and commercial law. Richard acts as independent counsel from Darlington Chambers, providing legal services by way of advice and representation with regard to Intellectual Property and technology matters, commercial law and insurance law.

Richard's practice areas include advising upon matters involving a wide range of technical and science particularly complex disciplines with emphasis on advising as to preparation of technical expert evidence for use in legal proceedings, particularly in relation to the Federal Court and patent, trademark and registered design Opposition hearings in the Australian Intellectual Property Office (AIPO).

Richard's practice as a barrister includes experience at the Victorian Bar and also the Western Australia Bar and his having appeared as counsel in the Federal and Supreme Courts throughout Australia, in a wide range of matters concerning Intellectual Property, commercial as well as insurance law. Richard has also appeared as counsel in various High Court matters involving copyright, commercial, insurance and sports law.

High Court

Richard's experience extends to appearing as counsel before the full court of the High Court on various substantive hearings, including in the areas of intellectual property, negligence and insurance law. Richard has also appeared on numerous applications for special leave to appeal to the High Court, especially in relation to Intellectual Property matters.

High Court cases in which Richard has appeared as counsel include:

• Intellectual Property

  Burge v Swarbrick [2007] 232 CLR 336
  Copyright - Protection of Copyright and designs - work of artistic craftsmanship;

• Negligence

  Woods v Multi-Sport Holdings Pty Ltd [2002] 208 CLR 460
  Negligence - Obviousness of risk - Indoor cricket - Duty to warn; and

• Insurance

  Johnson v American Home Assurance Company [1998] 192 CLR 226
  Insurance - Injury and sickness policy - meaning of total and permanent loss of use of limb.

Legal Practice Particulars

His practice as a barrister involves appearing in and advising upon matters which involve a wide range of technical and scientifically complex disciplines, including advising as to the preparation of expert evidence for use in legal proceedings, particularly in relation to Opposition hearings involving patents, trademarks and designs.

Richard's practice also includes advising as to commercial law and contractual aspects which are commonly involved in and arise from ownership and exploitation of Intellectual Property, including by assignment, license and franchise.

Intellectual Property

• Patents
• Technology and Licensing Agreements
• Due diligence in respect to Intellectual Property
• Infringement and invalidity advice on patents, registered designs and trade marks
• Patents (mechanical, electrical and chemical engineering and biotechnology - life sciences)
• Registered Trade Marks
• Registered Designs
  • - Opposition hearings (Australian Intellectual Property Office (AIPO))
  • - advising in relation to all aspects of expert evidence
  • - infringement actions and revocation claims
  • - non-infringement declarations
  • - appeals
• Copyright
• Confidential Information and Trade Secrets
• Trade Practices
• Passing Off

Commercial Law

• Construction of Statutes
• Contracts
• Licencing
• Franchise documents

Insurance Law

• Marine
• Aviation
• Accident and Sickness (Disability)
• General - Transport

Equity

• Equitable Remedies, including constructive trusts and account of profits

Appeals

• Appeals, including applications for Special Leave to Appeal to the High Court

Mediation and alternative dispute resolution

Patents

From his involvement in 1986, in the leading case of Coopers Animal Health, where he was closely involved as counsel in preparing the fair basing, novelty and inutility arguments, Richard has had experience in a wide range of technical and scientifically complex patent matters, including:

• Marine
• Aviation
• Accident and Sickness (Disability)
• General - Transport
• Mechanical and electrical engineering
• Industrial and physical chemistry
• Pharmacology
• Fuel compositions, synthetic oils and refrigeration lubricants.
• Polyesters and polymers
• Biotechnology - Life Sciences
• Computer technology, especially in the gaming machine industry.

Trade Marks Attorney

As a registered trade marks attorney, Richard provides services in relation to all aspects of trade mark law, including:

• applications for registration of trade marks;
• advising and appearing on opposition proceedings;
• assignment and licensing of trade marks;
• franchising of trade marks;
• parallel importation;
• passing off;
• Trade Practices Act 1974 (Cth), in relation to misleading and deceptive conduct;
• groundless threats of legal proceedings;
• domain names; and
• electronic commerce.

Notary Public

Richard is a Notary Public and provides services of:

• Notarisation of documents: including commercial and personal, such as visas, for use overseas;
• Certification of copy documents: such as passports, educational certificates, diplomas and academic records, extracts of Birth, Death and Marriage certificates;
• Affidavits and Statutory Declarations: as used for court cases, Tribunal hearings, Estate matters involving Wills and Inheritance applications, Probate and litigation;
• Official Government Documents: such as used for notarization of any document for an overseas Government Department or Institution;
• Apostiles: used for the formal legalization of a document, by certification, such as required under the Hague Apostile Convention.

Qualifications	B. Juris., LL.B. (Hons) Notary Public Trade Marks Attorney Mediator
Admitted to Practice	1983 - 1984 - 1990 - 2005 -	Western Australia High Court Victoria, South Australia, New South Wales Queensland
Academic Profile
Richard taught the Masters of Law course for Patent Law at the University of Western Australia Law School between 1987 and 2003 Richard is an Honorary Fellow of the Law School of the University of Western Australia.
Publications
Richard is the author of numerous peer reviewed published articles including on the following topics in relation to Intellectual Property Law: Pre-Action Discovery - Recent Developments and Principles as Applicable to Intellectual Property matters: Intellectual Property Forum, Journal of the Intellectual Property Society of Australia and New Zealand Inc. December 2009, Issue 79 Expert evidence - Admissibility, Inference, Assumption and the Onus of Proof: Intellectual Property Forum, Journal of the Intellectual Property Society of Australia and New Zealand Inc. September 2009, Issue 78 The Copyright and Design Dilemma (The Swarbrick Case): Law Institute Journal of Victoria March 2009 Re-Examination of Patents: Law Institute Journal of Victoria March 2008
Professional Associations
Member of the Intellectual Property Committee {Business Law Section) of the Law Council of Australia Member of the Intellectual Property Society of Australia and New Zealand (IPSANZ) Member of The Institute of Patent and Trade Mark Attorneys of Australia (IPTA) Member of the Insurance Lawyers Association of Australia and New Zealand Member of Society of Notaries of Victoria Member of Society of Notaries of Australia and New Zealand
Contact details:
Telephone	+61 3 9670 0033
Facsimile	+61 3 9602 2400
Mobile	0437 550 048
Email	rmccormack@darlingtonchambers.com.au
Web	www.darlingtonchambers.com.au
Chambers	Darlington Chambers Level 8, 488 Bourke Street MELBOURNE VIC 3000
Postal Address	PO Box 13225 Law Courts VIC 8010