5 Wentworth

Andrew Fox

Andrew Fox

+61 2 8815 9154
andrew.fox@5wentworth.com

Admissions
Bar (NSW) 2006

Education

Bachelor of Arts (1993), Bachelor of Laws (Hons 1) (1996), Master of Laws (2002), University of Sydney.

Professional Career

Mr Fox began his career at Phillips Fox in 1994 as a clerk and paralegal. He then worked as a solicitor at Stuart Fowler & Associates where he gained experience in family law, commercial litigation, probate and conveyancing. He then worked at Corrs Chambers Westgarth where he was appointed a senior associate in 2000. During his time there Mr Fox worked on a wide range of commercial litigation matters involving contractual disputes, product liability, insolvency, defamation, professional negligence, building and construction, energy law, debt recovery and industrial relations.

In March 2002, Mr Fox commenced at the specialist intellectual property law firm, Griffith Hack. He was appointed a partner of the firm in 2004 and continued in that position until he came to the NSW Bar. In addition to legal practice, between 2002 – 2013 Mr Fox was the lecturer and examiner for the Intellectual Property Law course in the Diploma of Law (LPAB) conducted by the Law Extension Committee of the University of Sydney. In the period between 2002-2004, he also lectured part-time in the Faculty of Law at the University of Sydney in its Contracts and Litigation courses for the LLB degree.

Mr Fox is also a regular presenter of papers at professional development seminars. In that regard he has presented in 2008 – 2013 the Annual ‘End of Year’ Patent Law Review for the Intellectual Property Society of Australia & New Zealand (IPSANZ).

Principal areas of practice

Since commencing at the Bar, Mr Fox has practised principally in intellectual property, trade practices and general commercial litigation. He appears regularly in the Federal Court of Australia, the Supreme Court of New South Wales and in opposition proceedings before the Patents Office and the Trade Marks Office. Mr Fox also has considerable experience in mediations whether conducted before court-appointed mediators or privately.
In 2011, Mr Fox was appointed as a member of the Bar Association’s ADR Committee, which is chaired by Angela Bowne SC.

Selected reported cases

Some recent decisions in which Mr Fox has appeared include the following:

Austral Masonry (NSW) Pty Ltd v Cementech Pty Ltd [2014] FCAFC 72
BHP Billiton Aluminium Australia Pty Ltd v Central Chemical Consulting Pty Ltd [2014] APO 16
BHP Billiton Worsley Pty Ltd v Alcon of Australia Pty Ltd [2014] APO 30
Woodside Energy Limited v Exxon Mobil Upstream Research Company [2014] APO 53
Breezway Australia (Holdings) Pty Ltd v Preference Manufacturing Pte Ltd (No.3) [2013] FCA 67
Breezway Australia (Holdings Pty Ltd) v Preference Manufacturing Pte Ltd (No.2)FCA 66 and 67

V Group Pty Ltd v Virgin Enterprises Limited [2011] ATMO 108.
Sigma Pharmaceuticals (Australia) Pty Ltd & Ors v Wyeth [2011] FCAFC 132.
Apple Inc v Samsung Electronics Co Ltd [2011] FCA 1164.
Seafood Innovations Pty Ltd v Richard Bass [2011] FCAFC 83.
Kimberly-Clark Australia Pty Limited v Multigate Medical Products Pty Limited [2011] FCAFC 86.
Expo-Net Danmark A/S v Buono-Net Australia Pty Ltd (No.2) [2011] FCA710.
Campomar SL v Nike International Limited [2011] ATMO (21/10/11).
New Look Limited v Payless Shoes Pty Ltd [2011] ATMO 14.
NV Sumatra Tobacco Trading Company v British American Tobacco Australia Services Limited [2010] FCA 1372.
National Surgical Pty Ltd v McPhee [2010] FCA 972.
Bradken Resources Pty Ltd v Lynx Engineering Consultants Pty Ltd [2010]FCA 662.
Elecon Australia Pty Ltd v Brevini Australia Pty Ltd [2009] FCA 1327.
Bavaria NV v Bayerischer Brauerbund eV (2009) 81 IPR 279.
Inverness Medical Switzerland GmbH v MDS Diagnostics Pty Ltd [2010] FCA108.
Sunnyfield Association v Cronk [2010] FCA 143 see also [2009] FCA 33.
Michael Wilson & Partners v Nicholls & Ors [2009] NSWSC 1033 and the successful appeal [2010] NSWCA 222.
Bradken Resources Pty Ltd v Lynx Engineering Consultants Pty Ltd (2008) 78IPR 586; see also (2007) 72 IPR 630.
Aristocrat Technologies Australia Pty Ltd v IGT [2008] APO 3; (2008) 75 IPR409.
Optiver Australia Pty Ltd v Tibra Trading Pty Ltd (2007) 163 FCR 554.
Inamed Development Company v Morton Surgical Pty Ltd (2007) 73 IPR 308.
Lockwood Security Products Pty Ltd v Doric Products Pty Ltd (No.2) (2007) 235 ALR 202.

Contact

Phone:
+ 61 2 8815 9100

Fax:
+ 61 2 9232 8995

Address:
5th Floor, Wentworth Chambers
180 Phillip Street, Sydney
NSW 2000, Australia

Liability limited by a scheme approved under Professional Standards Legislation

DX:
384 Sydney