Sunday, 19 May 2013
Media Library
BRR Media interview with Martin O'Connor, Partner on Wed, 4 Jul 2012 at 2:15pm
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Martin O'Connor
“I am doing my job well for my client when I can avoid litigation, finding a positive outcome for my client without resorting to court action.”
Telephone +61 2 8915 1027
Facsimile +61 2 8916 2027
Email Martin
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The objective that drives my litigation practice is to keep my clients out of Court wherever possible and to seek an alternative to litigation. I see Court litigation as being the last resort and I always endeavour to find a settlement which will deliver a positive outcome for my client that makes them happy.  This approach is one that has delivered the best result for clients in a broad range of disputes over many years.


In matters where Court litigation cannot be avoided, I throw myself whole heartedly into the litigation to deliver the best result for my clients.


In addition to my commercial litigation work and advising on employment law issues, I also advise clients in intellectual property disputes including trade marks, patents, copyright, designs passing off and confidential information. I regularly act for international patent owners in appeals from the Patent Office, and in complex revocation and infringement proceedings before the Federal Court of Australia.


I am also a registered trade marks attorney and advise extensively in relation to brand protection issues. My work has also included significant numbers of trade practices matters particularly those involving consumer protection provisions of the Australian Consumer Law.


I am regularly rated as a leading Australian litigation practitioner in various legal publications including being named in the Sixth Edition of "Best Lawyers in Australia" as published in the Australian Financial Review on 5 April 2013 for litigation.


Following my admission as a solicitor in 1983, I became a partner of Norton Smith and Co in 1990 and subsequently with international firm Coudert Brothers when these two firms merged. I joined Addisons as a partner in 2005.

 

My work involves:

 

  • Commercial litigation
  • Arbitrations
  • Alternative dispute resolution
  • Intellectual property advice and litigation
  • Australian Consumer Law advice and litigation
  • Employment law advice and litigation
     
 
Partners in Retirement Village
This matter saw me acting in two Supreme Court proceedings for a group of partners who were the owners of retirement villages in relation to breaches of a Partnership Agreement by one of the other partners.
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Purchase of Tertiary Education Institution
My work here was in an expert determination for the purchaser of a tertiary education institution to determine the purchase price payable, where the purchase price payable was the multiple of the profit earned by the institution in a particular year.
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Global Manufacturer
I acted in Federal Court proceedings for a major global manufacturer of consumer and professional medical diagnostic products, in successfully proving infringement of four patents in respect of the import into Australia of pregnancy test kits.
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Social Media in the Workplace: Pitfall for Employers
28/2/2013
Social media, considered an ingenious invention by many, is increasingly becoming a necessary tool for most companies and organisations in the expansion, marketing and networking of their business. However, despite the wonders of social media with its ease of accessibility, existence beyond work hours and speed of light communication, its use is not without risk, particularly in workplaces. Management of these risks by employers is crucial to maintain control over the numerous consequences that arise from the unrestricted and undefined use of social media by employees, most of which have a negative impact on businesses.
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Protecting Your Brand from Parallel Importation
11/10/2012
Brand owners have long been concerned about the competition created by goods containing trade marks legitimately purchased in another market and imported and sold in another market for which those goods are not authorised, otherwise known as 'parallel importation'.
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Employment Agreements - Concessional Superannuation Cap Warning
22/6/2012
There are a number of reasons why the terms of an employment agreement should be reviewed and updated from time to time. One good reason why the terms of a senior employee's employment agreement should be reviewed prior to 1 July 2012, is to ensure that the concessional superannuation contributions which are made by the employer on behalf of the employee, either under the terms of the employment agreement or under a salary sacrifice arrangement, do not cause the employee to become liable for penalty tax.
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Online Trade Mark Infringement International Hair Cosmetic Group Pty Ltd v International Hair Cosmetics Limited [2011] FCA 339
4/10/2011
In International Hair Cosmetic Group Pty Ltd v International Hair Cosmetics Limited [2011] FCA 339 (IHC Case), Justice Logan of the Federal Court held that the use of an Australian registered trade mark on the website www.affinage.com which was operated by a United Kingdom–based business, constituted use of the trade mark in Australia.
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Sales and Marketing Law - Australia - Tricks of the Trade Practices Act*
14/1/2011
Two decisions of the Federal Court of Australia provide recent examples of business conduct that may contravene provisions of the Trade Practices Act ("TPA") and highlight for businesses certain activities which should be avoided.
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Strata-Titled Properties – When Use of a Building Name Can Infringe Registered Trade Marks – The Mantra Decision
3/5/2010
The 26 March 2010 decision of the Federal Court of Australia in Mantra Group Pty Ltd v Tailly Pty Ltd (No 2) [2010] FCA 291 (Mantra Case) demonstrates the importance of property developers and managers having registered trade marks.
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