Stephen Rebikoff Portrait

Stephen Rebikoff

Bar roll 2007 Admitted 2002
  • Commercial Law Intellectual Property
  • Public Law
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Stephen Rebikoff practises in intellectual property, commercial law and administrative law

Stephen is an experienced trial and appellate advocate, and regularly appears in the Federal Court of Australia, Supreme Court of Victoria, Trade Marks Office and Administrative Appeals Tribunal. He has acted for many leading companies and brands, and for a wide range of government agencies and regulatory bodies. He is recommended in the Legal 500, Doyle’s Guide to leading intellectual property and technology, media and telecommunications barristers and Best Lawyers Australia. 

Prior to coming to the bar, Stephen was a Federal Court judge's associate and a solicitor at Mallesons Stephen Jaques. He holds First Class Honours degrees in Arts and Law from the Australian National University and a Master of Laws (First Class) from the University of Cambridge, where he specialised in intellectual property, competition and public law. 

Stephen has published in the areas of intellectual property, privacy and administrative law, and was previously a senior reporter for the Federal Court Reports and Federal Law Reports. He is a member of the Intellectual Property Society of Australia and New Zealand and a volunteer lawyer with the Arts Law Centre of Australia. 

Liability limited by a scheme approved under Professional Standards Legislation

Contact

Correspondence
Chambers & Clerk

Emmerson Chambers
Level 18 Room 14

200 Queen Street 
Melbourne VIC 3000 

View map

Jane King

03 9225 8558

Expertise

Commercial Law
  • Competition
  • Consumer Law
  • Contractual Disputes
Intellectual Property
  • Appellate
  • Confidential Information
  • Copyright & Designs
  • Information Technology
  • Media & Entertainment
  • Patents
  • Privacy & Data Protection
  • Telecommunications
  • Trade Marks
Public Law
  • Administrative Law
  • Aged Care
  • Appellate
  • Commissions & Inquiries
  • Freedom of Information
  • Judicial Review
  • Privacy

Qualifications

Qualifications

Bachelor of Arts (Hons)

Bachelor of Laws (Hons) (ANU)

Master of Laws (Cantab)

Admitted

Victoria

Entitled to practise in

State and Territory Courts and Tribunals

Federal Court of Australia

High Court of Australia

Recent Cases

Intellectual Property

Swancom Pty Ltd v Jazz Corner Hotel Pty Ltd (Federal Court – with Ed Heerey QC) Trade mark infringement and revocation in relation to live music services.

US Dairy Export Council v Consorzio Per La Tutela Del Formaggio Gorgonzola and Consorzio Per La Tutela Del Formaggio Asiago (Trade Marks Office – unled) registration of certification trade marks comprising geographical indications for cheese.

Sensis v Senses Direct Mail and Fulfilment (Federal Court – with Ed Heerey QC) Trade mark infringement and non-use in relation to direct mail services.

REA Group Pty Ltd v Fairfax Media Pty Ltd (Federal Court - with Will Houghton QC) Misleading or deceptive conduct in relation to comparative advertising for property apps.

Connect TV Pty Ltd v All Rounder Investments Pty Ltd (Federal Court - with Colin Golvan QC) Injunction and trial - breach of copyright in foreign television broadcasts.

NeoBev Pty Ltd v Bacchus Distillery Pty Ltd (Administrators appointed) (Federal Court - with Tom Cox SC) Invention and ownership of patent for alcohol production.

Realestate.com.au Pty Ltd v Real Estate 1 Ltd (Federal Court – with Will Houghton QC) Trade mark infringement and passing off in relation to websites and domain names. 

Re Application by Pocket Full of Tunes Pty Ltd and Woodley (Copyright Tribunal - unled) Fixing of statutory licence for use of well-known song for the services of the Commonwealth.

Acohs Pty Ltd v Ucorp Pty Ltd (Federal Court - with Rodney Garratt QC and Peter Wallis) First instance and appeal - breach of copyright in source code and software databases. 

Gilbert v J and Facebook Inc (Federal Court – with Will Houghton QC) Injunction – Breach of confidence and breach of copyright in relation to publication of photos on the internet. 

Telstra v Phone Directories Company (Federal Court – with David Catterns QC, Ross Macaw QC and Adrian Ryan SC) First instance and appeal - Breach of copyright in the White Pages and Yellow Pages directories. 

Ice TV v Nine Network (High Court – intervening with David Catterns QC and Adrian Ryan SC) Breach of copyright in electronic program guides.

Cadbury Schweppes v Darrell Lea (Federal Court – with Noel Hutley SC and Michael Wyles SC) First instance and appeal – misleading or deceptive conduct and passing off in relation to colour.

Administrative law

Watson v Australian Electoral Commission (AAT – unled) Registration of political party logo incorporating Eureka flag.

Migration Agents Registration Authority v Frugtniet (Federal Court – unled and with Tim Begbie QC) First instance and appeal – availability of privilege against exposure to penalties in proceedings before the Administrative Appeals Tribunal.

Martindale ACF Pty Ltd v Australian Aged Care Quality Agency (AAT – unled) Revocation of accreditation as an approved provider of nursing home services under Aged Care Act.

Rust-Oleum Australia Pty Ltd v Australian Pesticides and Veterinary Medicines Authority (AAT – unled) Issue of recall notice in relation to agricultural chemical product.

Australian Institute of Professional Education Pty Ltd v Australian Skills Quality Authority (AAT and Federal Court – unled) Cancellation of registration as a provider of vocational education and training and issue of compulsory notice requiring production of information.

Hanlon v Assistant Treasurer and Australian Securities and Investments Commission (AAT – unled) Refusal to register ‘pommiebasher’ as an offensive business name under Business Names Registration Act.

Cordover v Australian Electoral Commission (AAT - unled) Access to source code of software used to conduct Federal Senate election count under Freedom of Information Act.

Collection Point Pty Ltd v Commissioner of Taxation (Federal Court - unled) First instance and appeal – Obligation to write software to generate computerised records under Freedom of Information Act.

HZXD v Innovation Australia (AAT – unled) Registration of “research and development activities” under Income Tax Assessment Act in relation to software development project. 

Memberships

Intellectual Property Society of Australia and New Zealand (IPSANZ)

Volunteer lawyer with the Arts Law Centre of Australia

Victorian Bar - Commercial Bar Association