Sam Fiddian

Clayton Utz
Special Counsel Perth

Recognised as one of Western Australia's leading Intellectual Property and Technology Lawyers

– Doyles Guide


An experienced Special Counsel at Clayton Utz and a specialist in a broad spectrum of intellectual property, technology and privacy matters, providing strategic advice to clients operating in range of industries including the public sector, health, mining, energy and resources, and fintech and regtech.

Notable Work
  • Complex patent litigation: acted for a publicly-listed technology provider in defending complex patent infringement claims made in the Federal Court of Australia relating to state-of-the-art seismic data processing for the mining and resources sector.
  • IP ownership dispute: acted for a public health authority in proceedings in the Supreme Court of WA against a former employee, a former contractor and the authority’s professional advisors to recover valuable IP rights rightfully owned by the authority, including claims with respect to the intersection of IP laws and equitable duties.
  • Pro forma IT contracts: prepared a suite of pro forma IT contracts for a large WA public utility for use across the business, providing flexibility to address vendor concerns while protecting the client’s own interests.
  • Software licensing and implementation: advised a large public organisation on the licensing of an electronic solution to a traditionally paper-based system in what will be a world first use of the technology in the relevant industry.
  • IP commercialisation: advised a large multinational miner (as licensor) in respect of a significant (both in terms of monetary value and duration) IP licensing agreement negotiated over many months.
  • Data breach incidents: provided urgent advice and support to organisations impacted by data breach and cyber-attacks including in respect of how to respond to the breach itself, together with more comprehensive advice on weak privacy practices exposed by the breach.
  • Privacy audit: conducted an audit of a large, multi-business unit aged-care organisation for compliance with the Privacy Act 1988 (Cth), proposing improvement opportunities across the business and providing policies to assist in compliance.
  • Commissioner initiated investigation: advised a large WA health service provider on its response and participation in a Commissioner Initiated Investigation launched by the OAIC, including being the primary point of contact for the OAIC.
  • Use of vehicle monitoring technology: advised a large utility provider as to the privacy and surveillance law implications of installation and use of vehicle tracking and driver observation technology in its fleet of vehicles, including assistance with comms plans.
  • Trade mark portfolio management: advised, managed and coordinated a large ASX-listed technology company on the maintenance and expansion of its trade mark portfolio both in Australia and overseas (including the US, UK, EU and parts of Asia and South America).
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