List G Mr 8274

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, class action and professional liability.

He has extensive trial and appellate experience as an advocate, appearing most often in the Supreme Court of Victoria and the Federal Court of Australia, and extensive experience in seeking or opposing injunctions, search and seizure orders and freezing orders, whether ex parte or inter partes.  

Michael also 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 was Counsel in the first privacy class action issued in the Federal Court of Australia, and regularly advises corporations, individuals and government agencies on privacy compliance, risk and liability issues.

Michael is the co-author of the Australian sections of the UK text Tugendhat and Christie The Law of Privacy and the Media published by Oxford University Press. He has also written on the areas of privacy, data security and intellectual property in a number of publications, including the Media and Arts Law Review, the Intellectual Property Forum, the Privacy Law Bulletin and the Media, Technology and Communications Law Bulletin.  Oxford University Press will also shortly publish a book based on the presentations made at the International Workshop on Remedies for Breach of Privacy, which will include a chapter based on the papers presented by Michael, the Honourable Marcia Neave and Professor Megan Richardson. 

Michael also sits on the advisory board of the Centre for Media and Communications Law, and is an Editorial Board Member of both the Privacy Law Bulletin and the Media, Technology and Communications Law Bulletin (Lexis Nexis).  He has also been a featured speaker at the annual conferences of the International Association of Privacy Professionals (IAAPANZ) and the Intellectual Property Society of Australia and New Zealand (IPSANZ) and continuing legal education events conducted by the CMCL, Leo Cussen Centre of Law and Legalwise.  Michael is also 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.

Michael is also a Nationally Accredited Mediator and an Accredited Advocacy Coach.

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