Michael Rivette Portrait

Michael Rivette

Bar roll 1982 Admitted 1981
  • Commercial Law Intellectual Property
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Michael has a diversified commercial practice, which includes general commercial law, intellectual property and trade practices, trade secrets, privacy, confidential information, media, data protection, cyber law and cyber security

He has particular knowledge and experience in advising and representing enterprises that engage in, and incorporate new technologies in their business operations or models, including organisations engaged in software development, telecommunications, data storage, e-commerce, internet services, information enterprises and digital new media.

Michael is at the forefront in the developing areas of privacy law, breach of confidence and data protection, having successfully argued the privacy issues in the landmark decision of Giller v Procopets (2008) 24 VR 1, (2008) 79 IPR 489.  He acted as Counsel in the first privacy class action issued in the Federal Court of Australia, and regularly advises corporations and government departments and agencies on privacy compliance, risk and liability issues.

He has acted as Counsel for ASX and NYSE Listed corporations, Commonwealth Government departments, Hollywood actors, celebrities, corporations and individuals in relation to general commercial, privacy, data security and data breach issues.

Michael is the co-author of the Australian sections of the UK text Tugendhat and Christie The Law of Privacy and the Media, and the soon to be published Damages in Privacy, both of which are published by Oxford University Press. He has also written on the area of privacy in a number of publications, including the Media and Arts Law Review and sits on the advisory board of the Centre for Media and Communications Law.  He is also an Editorial Board Member of both the Privacy Law Bulletin (LexisNexis) and the Media, Technology and Communications Law Bulletin (LexisNexis).  He has also been a speaker at the annual conference of the International Association of Privacy Professionals (IAAPANZ).

He has also written on Intellectual Property and related fields of passing off, misleading and deceptive conduct and competition law, for the Intellectual Property Forum, and has been a speaker at an Intellectual Property Society of Australia and New Zealand (IPSANZ) annual conference.

Michael is a regular guest lecturer in privacy and data protection law in the under-graduate and post-graduate teaching programs at the Melbourne University Law School, and presents at seminars to legal professionals throughout Australia on privacy, breach of confidence and related causes, data protection, media law and intellectual property.

Michael is listed in Best Lawyers 2019 in the field of Privacy and Data Protection, and in Doyles Guide as a leading Intellectual Property Barrister.

Liability limited by a scheme approved under the Professional Standards Legislation

Contact

Correspondence
Chambers & Clerk

Chancery Chambers
Level 25

200 Queen Street

Melbourne VIC 3000

View map

Jane King

03 9225 8558

Expertise

Commercial Law
  • Contractual Disputes
Intellectual Property
  • Confidential Information
  • Copyright & Designs
  • Information Technology
  • Media & Entertainment
  • Privacy & Data Protection

Qualifications

Qualifications

Juris Doctor

Bachelor of Laws

Master of Laws

Admitted

Victoria

Western Australia

Entitled to practise in

State and Territory Courts and Tribunals

Federal Court of Australia

High Court of Australia

Recent Cases

Commercial Law

G & A Lanteri Nominees Pty Ltd v Fishers Stores Consolidated Pty Ltd [2005] VSC 336 

Intellectual Property

Facton Ltd (formerly known as G-Star Raw Denim KFT) v Seo [2011] FCA 344

Facton Ltd & Ors v Chung Lim Sports Cap Pty Ltd & Ors [2010] FMCA 584

Rosemin Pty Ltd v Gasp Jeans Chadstone Pty Ltd [2010] FCA 228; (No 2) [2010] FCA 406

Dybner v Stay In Bed Milk & Bread Pty Ltd (Trading As Aussie Farmers Direct) [2010] FCA 1122

Elwood Clothing Pty Ltd v Cotton On Clothing Pty Ltd [2008] FCAFC 197

Louis Vuitton Malletier SA v Toea Pty Ltd [2006] FCA 1443

Axe Australasia Pty Ltd v Australume Pty Ltd [2006] FCA 668 

Professional Negligence

Watson & Ors v Ebsworth & Ebsworth (a firm) & Anor [2010] VSCA 335

Watson & Ors v Ebsworth & Ebsworth (a firm) & Anor [2008] VSC 510

Trade Practices

Nutrientwater Pty Ltd v Baco Pty Ltd [2010] FCA 2; (No 2) [2010] FCA 304

Tort Law

Giller v Procopets [2008] VSCA 236

Publications