Areas of practice                     
Intellectual Property – patents, trademarks, copyright & designs
Competition and Trade Practices
Banking and Insolvency                   
Corporate and Commercial
Insurance

Date of admission to the Bar    
2005  

Contact details                         
+612 8815 9132                                                
cynthia.cochrane@5wentworth.com 

Education
Ms Cochrane studied at the University of Melbourne where she was awarded a Bachelor of Commerce (Honours) (Finance) and a Bachelor of Laws (Honours).

Ms Cochrane was awarded the Deutsche Bank Travel Scholarship (1997) to study in London and Frankfurt as part of her Honours degree in Finance. Ms Cochrane was awarded the Herbert Geer & Rundle Prize (1999) for Competition, Taxation, Takeovers and Securities Law and the Sir Charles Lowe Prize for Professional Conduct (2000).

Professional career                  
Ms Cochrane worked in investment banking for Bankers Trust Australia in Equity Capital Markets and Macquarie Bank in Corporate Advisory.

Ms Cochrane began her legal career at Allens Arthur Robinson in 2001, where she was articled to Professor Bob Baxt AO. As a solicitor Ms Cochrane specialised in intellectual property, competition law and corporate governance. Ms Cochrane was involved in the long-running Wimmera Industrial Minerals v Iluka Midwest litigation, involving patents for the extraction of titanium dioxide. In 2005, Ms Cochrane commenced practice at the New South Wales Bar.

Selected cases

Banking, Insurance and Insolvency

Heperu Pty Limited v Belle [2009] NSWCA 252, a cheque fraud case in which Cynthia Cochrane (led by G K Burton SC) appeared for the appellants. The Court of Appeal held the respondent liable as a volunteer to repay to the appellants those parts of the misappropriated funds traceable to her real property, notwithstanding the trial judge's findings that she had no knowledge of the fraud.

Perpetual Trustees Australia Ltd v Heperu Pty Ltd [2009] NSWCA 84, a cheque fraud case in which Cynthia Cochrane appeared, led by G K Burton SC. The Court of Appeal made important findings concerning the tort of conversion and the law of restitution in relation to monies paid under fundamental mistake of fact or induced by fraud. The High Court granted special leave to appeal the NSW Court of Appeal’s decision and has set the appeal down for hearing in 2010.

Ms Cochrane regularly advises and appears in the Commercial List of the Supreme Court of NSW for National Australia Bank Limited in relation to claims based on payments induced by fraud, including Ashford Properties Pty Ltd & Anor v Tropea & Ors involving claims and cross-claims for contribution founded in bailment, conversion, professional negligence and breach of director's duties.

Ms Cochrane also advises and appears for Bupa Australia Group (comprising MBF and HBA) in matters relating to insurance and payments induced by fraud. Ms Cochrane is briefed by Freehills to advise and appear for Ensham Resources Pty Ltd regarding its Queensland flood claim (led by J C Sheahan SC). Ms Cochrane also appeared in Fryer v Tower Australia Limited, an insurance case involving allegations of fraudulent misrepresentation and failure to disclose that settled before trial.

Ms Cochrane is briefed to appear in the Allco Finance Group Limited (Receivers & Managers appointed) class action concerning employees' claims as priority creditors (led by H J Dixon SC).

Trade Practices

Miles v Genesys Wealth Advisers Limited [2009] NSWCA 25, a restraint of trade case in which Cynthia Cochrane (led by Ian Neil SC) appeared for Mr Miles. The Court of Appeal (Hodgson JA dissenting) made important findings concerning confidential information and reasonableness in the context of restraints of trade imposed upon former employees. 

Fitzgerald v 33 South Pty Ltd [2008] FMCA 1132, a character merchandising case in which Cynthia Cochrane obtained judgment for Terry Fitzgerald, a renowned professional surfer, and Hot Buttered International Pty Ltd, under ss 52, 53(c) and (d) of the Trade Practices Act 1974 (Cth) and in passing off. In 33 South Pty Ltd v Fitzgerald [2008] FCA 1960 Ms Cochrane resisted an application for a stay of the judgment pending appeal and obtained an order for security of costs.

Patents

Sanofi-Aventis -ats- Apotex Pty Ltd (2008), a patent case in which Cynthia Cochrane appeared for Sanofi-Aventis in the Federal Court, the Full Court of the Federal Court and the High Court, led by R C Macaw QC and A L J Bannon SC. See GenRx Pty Ltd v Sanofi-Aventis (2007) 73 IPR 502; [2007] FCA 1485, Sanofi-Aventis -ats- Apotex Pty Ltd (2008) IPR 485; [2008] FCA 1194, Apotex Pty Ltd v Sanofi-Aventis (2009) 82 IPR 416; [2009] FCAFC 134; Sanofi-Aventis v Apotex Pty Ltd [2010] HCATrans 59. 

Interpharma Pty Ltd v Commissioner of Patents (2008) 79 IPR 261; [2008] FCA 1498, a patent case in which Cynthia Cochrane (led by R C Macaw QC and S C G Burley SC) appeared for Eli Lilly and obtained an interlocutory injunction restraining InterPharma and Sandoz from launching generic versions of gemcitabine hydrochloride, a chemotherapy drug.

Fresenius Medical Care Australia Pty Ltd -ats-Gambro Pty Limited [2006] HCA Trans 129, a patent case in which Cynthia Cochrane (led by A C Archibald QC and S C G Burley SC) appeared in the High Court and Full Court of the Federal Court for Fresenius Medical Care Australia Pty Limited.

Cynthia Cochrane is briefed by Allens to appear in the Full Court of the Federal Court in the appeal of Apotex Pty Ltd v Les Laboratoires Servier (No.2) [2009] FCA 1019 (led by B N Caine SC and A J Ryan SC). Cynthia Cochrane is briefed by Gilbert + Tobin to appear in Alza Corporation & Anor v Spirit Pharmaceuticals (led by D K Catterns QC) and Allens to appear in Bristol-Myers Squibb Company v Apotex Pty Ltd (led by A J L Bannon SC).

Cynthia Cochrane also appeared in Commissioner of Patents v Emperor Sports Pty Ltd (2006) 149 FCR 386; [2006] FCAFC 26 (appeal) and (2005) 146 FCR 159; [2005] FCA 996 (trial) (led by Stephen Burley SC) , Synthetic Turf Development Pty Ltd v Sports Technology International Pty Ltd (2005) 67 IPR 475; [2005] FCAFC 270 (led by John Ireland QC and Stephen Burley SC), Breville Pty Ltd v Warehouse Group (Australia) Pty Ltd (2005) 67 IPR 576; [2005] FCA 1893 (led by Stephen Burley SC) and Grant v Commissioner of Patents (2005) 67 IPR 1; [2005] FCA 1100 (led by Sophie Goddard SC).

Trade Marks

Mars Australia Pty Ltd v Sweet Rewards Pty Ltd [2009] FCAFC 174, a trade mark case in which Cynthia Cochrane (led by N C Hutley SC) successfully resisted Mars's appeal to the Full Court of the Federal Court from the trial judge's decision to dismiss Mars's claim for infringement of a packaging trade mark, passing-off and misleading and deceptive conduct.

Kimberly-Clark Worldwide, Inc v Goulimis (2008) 78 IPR 612; [2008] FCA 1415, a trade mark case in which Cynthia Cochrane successfully appealed a decision of the Trade Marks Office under each of ss 42, 44, 59 and 60 of the Trade Marks Act 1995 (Cth) and the Federal Court made important findings as to the notoriety of Kimberly-Clark's "HUGGIES" trade mark.

NEC Corporation v Punch Video (S) Pte Ltd (2005) 67 IPR 17; [2005] FCA 1126, a trade mark case in which Cynthia Cochrane (led by S J Goddard SC) appeared for NEC and successfully appealed a decision of the Trade Marks Office.

Cynthia Cochrane has appeared in hearings in the Trade Marks Office, including Paramount International Export, Ltd [2009] ATMO 94 ("FIJI" water trade mark), McDonald's Corporation v Future Enterprises Pte Ltd (2006) 70 IPR 409; [2006] ATMO 80 and United Parcel Service of America Inc v United Air Lines (2006) 69 IPR 663; [2006] ATMO 46.

Copyright

Generate Group Pty Ltd v Sea-Tech Automation Pty Ltd (2007) 71 IPR 640; [2007] NSWSC 226, an interlocutory injunction application regarding copyright in a computer program.

Lamb v Hog's Breath Company Pty Ltd (No 1) [2007] FCA 49 (French J), a copyright case in which Cynthia Cochrane resisted an application for an interstate transfer of the proceedings. 

Eagle Rock Entertainment v Caisley (2005) 66 IPR 554; [2005] FCA 1238, a copyright case in which Cynthia Cochrane (led by S J Goddard SC) obtained a substantial order for damages in favour of the applicant for flagrant infringement of copyright by the respondent.  

Recent Publications and Presentations  

Practice and Procedure
Cynthia Cochrane, "Amended pleadings take a hit - High Court's decision in Aon Risk Services Australia Ltd v ANU" (September 2009), Law Society Journal

Cynthia Cochrane has been asked to present a session on “Affidavit Evidence” as part of a “Litigation Refresher” to be held at the NSW College of Law on 25 May 2010. Former Judicial Registrar McDonald of the District Court of NSW and Mary Walker of Counsel will also present papers.

Intellectual Property
Cynthia Cochrane, "Protection of Trade Mark Rights in a Global Economy" (2008), Presentation at NSW College of Law (Continuing Professional Education program).

Cynthia Cochrane, "Introduction to Patent Law" (2007), Presentation at NSW College of Law, which continues to be available as an online seminar

Michael Dowling & Cynthia Cochrane, “High Court says Federal Court wrong on ‘test for obviousness’” (2002), Inhouse Counsel, Vol 6 No 4 (LexisNexis)

Competition and Trade Practices

Cynthia Cochrane, "Section 155 Notices - Avenues for Challenge" (2008), Presentation to NSW College of Law (Continuing Professional Education program).

Cynthia Cochrane, “Unconscionability under s 51AA of the Trade Practices Act: The Landscape Following Berbatis and its implication for the Banking Sector” (2005), Journal of Banking & Finance

Banking
Cynthia Cochrane, “Law of Agency and Liability for Conversion of a Cheque” (2006), Journal of Banking & Finance Law & Practice
Cynthia Cochrane, “Collection of Third Party Cheques and the Bank’s Defence” (2005), Journal of Banking & Finance Law & Practice  

Corporate Governance

Cynthia Cochrane, "Duties and Obligations of Company Directors, Including in the Zone of Insolvency" (March 2010), Presentation to NSW College of Law (Continuing Professional Education program)

Memberships and appointments
Since 2006 Ms Cochrane has presented the lecture on affidavit drafting with Ian Neil SC as part of the NSW Bar Practice Course. In 2007 Ms Cochrane was appointed to a professional conduct committee of the NSW Bar Association.

Ms Cochrane is a member of Intellectual Property Society of Australia and New Zealand, Banking and Financial Services Law Association and Insolvency Practitioners Association of Australia.

Full CV available on request.