Tim Webb's focus as an experienced commercial litigator is helping clients resolve disputes. He explores clients' legal and non-legal drivers, then develops and implements strategies to achieve those objectives. He also has an extensive advisory practice. 

Tim's special interest is intellectual property, and he assists clients in both contentious and non-contentious matters. Tim advises across the spectrum of intellectual property, including copyright, trade marks, patents, designs, advertising, confidential information, domain names and anti-counterfeiting.  He has acted for clients in landmark Australian test cases for both copyright and designs. Tim is also the partner in charge of the firm's Trade Mark and Brand Protection Group which is responsible for all matters relating to the registration of trade marks including clearance searches, applications, renewals, oppositions and non-use applications.

His clients come from a range of industries, although Tim is well recognised for his expertise in the technology, media and telecommunications sectors. He also has extensive experience working with public sector clients.

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Expertise

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Litigation and Dispute Resolution

SingTel Optus: Tim advises and acts for Optus on a range of matters. These include acting for Optus in High Court proceedings in which Telstra unsuccessfully challenged the constitutional validity of Part XIC of the Trade Practices Act, acting in Federal Court proceedings commenced by Telstra seeking judicial review of final determinations of the ACCC made following access disputes, and successfully defending claims brought by Telecom Vanuatu Ltd against Optus in the NSW Supreme Court regarding the transiting of international telecommunications traffic.

Barangaroo Delivery Authority: Tim acted for the Authority in NSW Supreme Court proceedings involving the interpretation of the Project Development Agreement entered into with Lend Lease for the development of the Barangaroo South site.

Pacific National (a division of Asciano): Tim acted for Pacific National in litigation in the NSW Supreme Court, then the Federal Court, relating to breach of contract and allegations of anti-competitive conduct in the freight forwarding market. The proceedings were resolved following successful settlement negotiations.


Woolworths: Tim acted for Woolworths in litigation in the Federal Court regarding advertising by Woolworths Liquor. The proceedings settled following successful negotiations.

Department of Defence: Tim acted for the Department in litigation in the Federal Court involving the intellectual property in the Collins Class submarines, plus negligent misrepresentation and Trade Practices Act litigation in the ACT Supreme Court relating to the submarines' construction. The proceedings settled following successful negotiations.


Bank of Cyprus: Tim is acting for Bank of Cyprus in legal proceedings concerning the impact of a Cypriot law on a bank guarantee which is governed by Australian law.


Defence Housing Authority: Tim acted for DHA in litigation in the ACT Supreme Court arising from a complex contractual dispute with the landlord of DHA's national office.  The proceedings settled following successful negotiations.


Australian Taxation Office: Tim acts for the ATO in connection with various disputes.


Origin Energy: Tim acted for Origin in an arbitration with former shareholders of an acquired company.


Minova Australia (part of the Orica Group of companies): Tim acted for Minova in misuse of confidential information, breach of fiduciary duties and breach of copyright proceedings in the Supreme Court of NSW.


ASX/SEGC: Tim acts for the wholly owned subsidiary of ASX, the Securities Exchanges Guarantee Corporation, in its capacity as the trustee of the National Guarantee Fund, in relation to claims on the Fund under the Corporations Act (Division 4, Part 7.5).


Western Sydney University: Tim has advised WSU in relation to disputes with a contractor.

See Litigation and Dispute Resolution

Technology, Media, Telecommunications

SingTel Optus: Tim advises and acts for Optus on a range of matters. These include acting for Optus in High Court proceedings in which Telstra unsuccessfully challenged the constitutional validity of Part XIC of the Trade Practices Act, acting in Federal Court proceedings commenced by Telstra seeking judicial review of final determinations of the ACCC made following access disputes, and successfully defending claims brought by Telecom Vanuatu Ltd against Optus in the NSW Supreme Court regarding the transiting of international telecommunications traffic.

Facebook: Tim advises Facebook on a range of Australian regulatory issues and is the client relationship partner for Australia.

Seven Network:
Tim advises Seven on a range of broadcasting and intellectual property issues, particularly matters relating to copyright and trade marks.

Free TV Australia Ltd:
Tim acted for the commercial free-to-air television broadcaster industry body and its members, including Seven Network, Channel 9 and Network Ten, in a reference by PPCA (the collecting society representing the interests of record labels and Australian recording artists) to the Copyright Tribunal regarding a licence scheme applicable to the broadcast of commercial sound recordings. The licence scheme was agreed following mediation.

nbn: Tim has advised nbn (the Australian Government-owned corporation tasked to design, build and operate Australia's national broadband network) on a range of regulatory, intellectual property and contentious matters.

Apple Inc.:
Tim has advised Apple in relation to various trade mark infringement issues.

Nova Entertainment:
Tim advises Nova on a range of intellectual property and regulatory issues, including copyright licence fees for the no. 1 digital radio station in Australia and advising on the implications of a reference by PPCA to the Copyright Tribunal regarding a licence scheme for the use of commercial sound recordings in internet simulcasts.

Teradata Australia: Tim has advised Teradata in resolving disputes with a contractor.

Blizzard Entertainment, Inc.: Tim has advised Blizzard on various legal issues relating to the Diablo III, Starcraft II and World of Warcraft games.

See Technology, Media, Telecommunications

Intellectual Property

Seven Network: Tim advises Seven on a range of broadcasting and intellectual property issues, particularly matters relating to copyright and trade marks.

Free TV Australia Ltd: Tim acted for the commercial free-to-air television broadcaster industry body and its members, including Seven Network, Channel 9 and Network Ten, in a reference by PPCA (the collecting society representing the interests of record labels and Australian recording artists) to the Copyright Tribunal regarding a licence scheme applicable to the broadcast of commercial sound recordings. The licence scheme was agreed following mediation.

SingTel Optus: Tim acts for SingTel Optus group companies in three separate Federal Court proceedings which are the first Australian cases under section 115A of the Copyright Act. This provision enables rights holders to seek injunctions requiring carriage service providers to take reasonable steps to disable access to online locations whose primary purpose is to infringe, or to facilitate the infringement of, copyright.

 

Nova Entertainment: Tim advises Nova on a range of intellectual property and regulatory issues, including copyright licence fees for the no. 1 digital radio station in Australia and advising on the implications of a reference by PPCA to the Copyright Tribunal regarding a licence scheme for the use of commercial sound recordings in internet simulcasts.

 

Internet Industry Association: Tim acted for the industry body and its members, including Telstra and Optus, in relation to Federal Court proceedings commenced by the entertainment industry against iiNet alleging copyright infringement as a result of subscriber activity.

Apple Inc.: Tim advised Apple in relation to various trade mark infringement issues.

Maxim's Caterers Limited: Tim acted for Maxim's (Hong Kong's largest food & beverage corporation and restaurant chain) in a dispute over the unauthorised use of its house trade mark in Australia. This involved Federal Court proceedings, non-use applications in the Trade Marks Office, and infringement proceedings in the High Court of Hong Kong. The dispute was resolved on favourable terms at mediation.

 

Department of Defence: Tim acted for the Department in litigation in the Federal Court involving the intellectual property in the Collins Class submarines, plus negligent misrepresentation and Trade Practices Act litigation in the ACT Supreme Court relating to the submarines' construction. The proceedings settled following successful negotiations.

 

National Rugby League Limited: Tim has advised the NRL on a range of trade mark and domain name issues.

Mattel Inc.: Tim advises Mattel on a range of intellectual property licensing issues.

Barangaroo Delivery Authority: Tim advises the Authority on a range of intellectual property issues, particularly matters relating to copyright and trade marks.

Jaguar Land Rover Australia: Tim has advised Jaguar Land Rover Australia on a range of copyright and design issues.

Driscoll Strawberry Associates, Inc.: Tim advised DSA on various agreements for the development and commercial exploitation of blueberry varieties, with registered plant breeder's rights.

 

Redberry Enterprise: Tim acted for Redberry Enterprise in successfully defending design infringement claims in the Federal Court.  This was the first court decision to consider the infringement test under the Designs Act 2003 (Cth), and it remains the leading Australian judgment on the role of colour in a registered design.

See Intellectual Property

Copyright

Seven Network: Tim advises Seven on a range of broadcasting and intellectual property issues, particularly matters relating to copyright and trade marks.

Free TV Australia: Tim acted for the commercial free-to-air television broadcaster industry body and its members, including Seven Network, Channel 9 and Network Ten, in a reference by PPCA (the collecting society representing the interests of record labels and Australian recording artists) to the Copyright Tribunal regarding a licence scheme applicable to the broadcast of commercial sound recordings. The licence scheme was agreed following mediation.

SingTel Optus: Tim acts for SingTel Optus group companies in three separate Federal Court proceedings which are the first Australian cases under section 115A of the Copyright Act. This provision enables rights holders to seek injunctions requiring carriage service providers to take reasonable steps to disable access to online locations whose primary purpose is to infringe, or to facilitate the infringement of, copyright.

Nova Entertainment: Tim advises Nova on a range of intellectual property and regulatory issues, including copyright licence fees for the no. 1 digital radio station in Australia and advising on the implications of a reference by PPCA to the Copyright Tribunal regarding a licence scheme for the use of commercial sound recordings in internet simulcasts.

Virgin Australia Airlines: Tim has advised Virgin Australia, Australia's second-largest airline and the largest airline by fleet size to use the 'Virgin' brand, on a range of intellectual property issues including with respect to copyright and trade marks. 

Internet Industry Association: Tim acted for the industry body and its members, including Telstra and Optus, in relation to Federal Court proceedings commenced by the entertainment industry against iiNet alleging copyright infringement as a result of subscriber activity.

Microsoft Corporation: Tim has advised Microsoft on copyright licensing requirements for digital distribution services.

CA Inc.: Tim acted for CA Inc. (one of the largest independent software corporations in the world) in successful Federal Court preliminary discovery proceedings.  The application arose from potential computer program copyright infringement.

Liquidators of Lehman Brothers Australia Limited (in liq.): Tim acted for the Liquidators in relation to a copyright infringement claim in connection with computer programs used by the company.

Airservices Australia: Tim has advised Airservices Australia on copyright issues relating to design documentation and technical data.

Special Broadcasting Service Corporation: Tim acted for SBS in Federal Court proceedings defending claims of alleged copyright infringement.

See Copyright

Trade Marks

Trade Mark and Brand Protection Group: Tim is the partner in charge of this group which is responsible for all matters relating to the registration of trade marks including clearance searches, applications, renewals, oppositions and non-use applications.

Seven Network: Tim advises Seven on a range of broadcasting and intellectual property issues, particularly matters relating to copyright and trade marks.

Apple Inc.: Tim advised Apple in relation to various trade mark infringement issues.

Perpetual Limited: Tim advises Perpetual - one of Australia’s largest independent wealth managers, an adviser to high net worth clients, and a leading provider of corporate trustee services - on trade mark infringement issues and trade mark registration and opposition strategies to protect its valuable IP rights. 

Frucor Beverages: Tim is acting for Frucor, the no.1 player in Australia's $1.2 billion energy drinks market with its "V" branded energy drink, in respect of Frucor's attempts to register the colour green (Pantone 376C) as a trade mark in Australia in respect of energy drinks. 

Maxim's Caterers Limited: Tim acted for Maxim's (Hong Kong's largest food & beverage corporation and restaurant chain) in a dispute over the unauthorised use of its house trade mark in Australia. This involved Federal Court proceedings, non-use applications in the Trade Marks Office, and infringement proceedings in the High Court of Hong Kong. The dispute was resolved on favourable terms at mediation.

Hill & Smith: Tim has advised this London Stock Exchange listed company on conduct infringing its Australian trade marks.

Department of Industry, Innovation and Science: Tim advised the Department in connection with the Code of Practice for the Australian Made logo certification trade mark created by the Australian Government to promote Australian made products in local and export markets.

Supporting Canberra Street Kids Ltd t/as Youth Care Canberra: Tim has advised Youth Care Canberra (on a pro bono basis) in connection with allegations of trade mark infringement. 

See Trade Marks

Patents

Defence Science & Technology Organisation: Tim advised DSTO on strategies to enable it to freely develop and exploit its intellectual property in relation to technology the subject of licences issued to a US company, which had applied for patents in relation to the same technology.

 

Confidential client: Tim advised a client on the IP protection of educational software and hardware, including working with patent attorneys and advice in relation to disclosures to Microsoft and patents held by it.


Confidential client: Tim is advising a client on an intellectual property management and protection strategy, including working with a patent attorney to secure patent applications.


See Patents

Social Media

Tim guides clients through the complexities of social media, including helping them with misleading and deceptive conduct, and IP issues such as copyright and trade mark infringement.  He has provided training to numerous clients including Seven Network, UBS, Coca-Cola Amatil, Lend Lease, Optus and Woolworths.

See Social Media

International Arbitration

Nippon Steel Corporation: Tim acted for NSC in two international arbitrations under the Rules of Arbitration of the International Chamber of Commerce concerning the determination of iron ore prices. The dispute was resolved following successful settlement negotiations.

Peabody Energy: Tim acted for Peabody in an international arbitration against an Indian entity under the UNCITRAL Arbitration Rules over breach of a Coal Supply Agreement. 

See International Arbitration

Investigations and Crisis Management

Confidential client: Tim is advising a client subject to an investigation by the Australian Federal Police regarding suspected offences of bribing foreign officials under the Criminal Code Act.

Confidential client: Tim advised a client in responding to inquiries by the Australian Federal Police regarding suspected offences of bribing foreign officials under the Criminal Code Act.

Bank of Cyprus Australia: Tim acted for the Bank in relation to a multi-million dollar claim involving alleged fraud by an ex-employee.

Confidential client: Tim acted for a senior member of the NSW Government in connection with the Independent Commission Against Corruption investigation known as Operation Spicer. 

See Investigations and Crisis Management

Advertising and Marketing

Nova Entertainment: Tim advises Nova on media campaign agreements with advertisers and the clearance of particular campaigns.

Mattel Inc.: Tim advises Mattel on its advertising and promotion terms and conditions.

Barangaroo Delivery Authority: Tim advises the Authority on advertising and marketing activities concerning Barangaroo, including domain name registrations and disputes.

SingTel Optus: Tim advises Optus on compliance with the Spam Act for commercial and service messages sent to customers.

See Advertising and Marketing

Cyber Security

See Cyber Security

Knowledge

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