5 Wentworth

Cynthia Cochrane

Cynthia Cochrane

+61 2 8815 9132 cynthia.cochrane@5wentworth.com

Bar (NSW) 2005

Ms Cochrane studied at the University of Melbourne where she was awarded a Bachelor of Commerce (Honours) (Finance and Economics) 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 for Bankers Trust and Macquarie Bank in Corporate Advisory. Ms Cochrane began her legal career at Allens in 2001, where she was articled to Professor Bob Baxt AO and specialised in intellectual property, competition law and corporate governance. In 2005, Ms Cochrane commenced practice at the Sydney Bar. Ms Cochrane is recognised by Doyle’s as a Leading Junior Counsel in Intellectual Property in Australia and was described in Doyle’s Guide Intellectual Property 2010 as “professional and always well prepared” and “a standout on patent matters”.

Ms Cochrane regularly appears unled and against Senior Counsel:

Ensham Resources v Aioi Insurance [2012] FCAFC 191 (Full Court appeal) [2012] FCA 710 (privilege, involving cross-examination) [2011] FCA 1392 (subpoenas)

GE BetzDearborn v Memcor Australia [2013] FCA 78 (service outside jurisdiction)

Siemens v GE Betz [2011] FCA 641 (discovery); [2012] FCA 1115 (separate question)

Bristol-Myers Squibb v Apotex (No. 3) [2012] FCA 1310 (privilege)

Apotex v Servier (No. 5) [2011] FCA 1282 (privilege)

Costin v. Duroline Products & Ors [2013] FCA 501 (pre-action discovery)

DSM Nutritional Products, LLC v Suntory [2013]FCA 474 (discovery) [2013] FCA 675 (Leave to appeal)

Washington v Qantas Airways Limited [2013] FCCA 778 (discovery)

Cantarella v Modena Trading (No. 2) [2013] FCA 130 (costs, injunctions)

ICAP v Moebes [2010] NSWCS 738 (costs)

Fitzgerald v 33 South [2008] FMCA 1132 (trial); [2008] FCA 1960 (stay)

Generate v Sea-Tech (2007) 71 IPR 640 (interlocutory injunction)

Selected cases


Allco Finance Group (in liq): each employee class found to have been employed by and therefore priority creditors of AFGL, not a $2 company. [2010] FCA 1163


Ensham Resources v Aioi Insurance (FCA NSD1256/10): $540m insurance claim arising from 2008 Emerald Flood, briefed by Freehills, led by Sheahan SC [2011] FCA 1392 (subpoenas); [2012] FCA 537 (pleadings amendment); [2012] FCA 710 (privilege); [2012] FCAFC 191 (privilege appeal);

Isaac Plains re Zurich:$130m insurance claim arising from December 2010 flood of an open cut coal mine in Queensland, briefed by Freehills, led by Sheahan SC


Heperu v Morgan Brooks: franchisor held liable under a contract by the doctrine of ostensible authority. [2007] NSWSC 1438

Heperu v Belle: volunteer without knowledge of fraud liable. (2009) 76 NSWLR 230, [2010] NSWCA 339 (costs), [2011] NSWSC 1151 (inquiry into retained benefit)

Heperu v Perpetual Trustees: conversion and restitution. [2007] NSWSC 1438 (trial), [2009] NSWCA 84) Settled before HCA decision handed down.

National Australia Bank and Bupa: claims based on payments induced by fraud.


Primary Health Care Ltd v AGPN (FCA NSD239/10): misleading and deceptive conduct and passing off, briefed by Freehills, led by Burley SC

ICAP v Moebes & Anor: confidential information case in which Ms Cochrane successfully resisted an application for costs. [2010] NSWSC 738

Genesys Wealth Advisers v Miles: restraint of trade and confidential information, led by Neil SC. [2008] NSWSC 802, [2009] NSWCA 25

Terry Fitzgerald v 33 South: character merchandising case where obtained judgment for a renowned professional surfer [2008] FMCA 1132 and resisted stay pending appeal and obtained an order for security of costs [2008] FCA 1960


Roadwest Transport Equipment v Bonfiglio Holdings & Ors (FCA WAD 27/2013) (side-tipping trailers): briefed by Squire Sanders, Perth


Telstra Corporation ats Upaid Systems (NSD 1698/2013): briefed by King & Wood Mallesons, led by Burley SC

Vringo Infrastructure, Inc v ZTE (Australia) (NSD 1010/2013): briefed by Allens, led by Shavin QC

Cementech v Austral and Adbri (2013/225446): briefed by King & Wood Mallesons, led by Caine SC

Servier v Apotex (VID 603/2013): (gliclazide): briefed by Allens, led by Caine SC

Samsung ats Apple (cross claim re 3G patents): briefed by Ashurst, led by Young QC

Product Mgt Group ats Blue Gentian LLC (VID317/2013): briefed by Allens

DSM Nutritional Products v. Suntory (VID 1029/2012): briefed by Allens, led by Caine SC (patent) and Donaghue SC (administrative)

Australian Animal Care Systems (NSD 787/2012): briefed by Allens

BMS & Otsuka re Generic Health (NSD 121/2012): briefed by Allens, led by Bannon SC [2012] FCA 239 (interlocutory injunction); [2013] FCAFC 17 (appeal)

Servier re Apotex (NSD 51/2012) (perindopril arginine): briefed by Allens, led by Bannon SC and Caine SC [2012] FCA 748 (service out application)

BMS & Otsuka re Apotex (NSD 1116/09): briefed by Allens, led by Bannon SC [2012] FCA 1310 (privilege); [2012]FCA 1433 (experimental proof)

Memcor & Siemens re GE (water filtration devices): FCA NSD 491/10 (briefed by Allens, led by Macaw QC); FCA NSD 601/10 (briefed by Shelston IP) [2011] FCA 641 (successful discovery application); [2012] FCA 1115 (successful resistance of a separate question on patent construction); [2013] FCA 78 (service out)

Sanofi-Aventis re Apotex (FCA NSD 1639/07): (2007) 73 IPR 502 (injunction), (2008) IPR 485 (trial), (2009) 82 IPR 416 (FFC), [2010] HCATrans 59

Servier re Apotex (NSD 657/2008) (perindopril erbumine): briefed by Allens, led by Bannon SC and Caine SC [2010] FCAFC 131 (patent amendment); [2010] FCA 1202 (joinder); [2011] FCA 1282 (privilege); [2012] FCA 745 (stay)

Eli Lilly re InterPharma: (2008) 79 IPR 261 (injunction);

Fresenius re Gambro: [2006] HCA Trans 129 ;

Emperor Sports (2005) 146 FCR 159 (trial); (2006) 149 FCR 386);

Synthetic Turf v Sports Technology: (2005) 67 IPR 475 ,

Breville v Warehouse Group: (2005) 67 IPR 576,

Grant v Commr Patents: (2005) 67 IPR 1


Electrolux Home Products (NSD 844/2013): briefed by King & Wood Mallesons

Cantarella Bros v Modena: (NSD 113/2011) briefed by Corrs Chambers Westgarth, led by Jackman SC [2013]FCA 8 (Trial); [2013] FCA 130 (orders); [2013]FCAFC 110 (Full Court appeal)

Mars v Sweet Rewards: briefed by Mallesons, led by Hutley SC. (2009) 84 IPR 12

Kimberly-Clark v Goulimis: successful appeal from Trade Marks Office, “HUGGIES” trade mark found to be notorious. (2008) 78 IPR 612

NEC v Punch Video: successful appeal from Trade Marks Office. (2005) 67 IPR 17

Trade Marks Office – “FIJI” water: (2009)84 IPR 631

McDonald’s: (2006) 70 IPR 409

United Parcel Service v United Air Lines: (2006) 69 IPR 663


Qantas Airways ats Megan Washington: briefed by Allens

Generate v Sea-Tech: injunction re computer programs. (2007) 71 IPR 640

Lamb v Hog’s Breath: resistance of interstate transfer. [2007] FCA 49

Eagle Rock v Caisley: substantial punitive damages order. (2005) 66 IPR 554


Class Actions
Cynthia Cochrane, “Air cargo class action one to watch” (7 June 2013), Australian Financial Review, which is reproduced here with permission.

Cynthia Cochrane, “Class actions: Too Pampered in the Federal Court?” (May 2013), NSW Law Society Journal, which is reproduced here with permission.

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, “Affidavit Evidence” (2010), Presentation at NSW College of Law (Continuing Professional Education program).

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

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)


+ 61 2 8815 9100

+ 61 2 9232 8995

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

Liability limited by a scheme approved under Professional Standards Legislation

384 Sydney