Lucy Davis Barrister

Lucy Davis

BAR:
2015
ADMITTED:
2001

Emmerson Chambers

Room 1816

200 Queen Street

Melbourne VIC 3000

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Profile

Lucy accepts briefs in commercial law with a keen interest in intellectual property, consumer law and the automotive industry.  She approaches briefs with a commercial mindset and a true understanding of business complexity and drivers.  Lucy was recognised in Doyle's list of Leading Technology, Media & Telecommunications Junior Counsel - Victoria, 2020 and Emerging Intellectual Property and TMT Junior Counsel – Australia, 2017.

 

Lucy is also the Chief Examiner and lecturer in Copyright & Design Law at Monash University.

 

Her recent experience includes:

 

  • Intellectual Property: advising and appearing in a range of disputes in the federal courts, the Trade Marks Office and the Patents Office.  Her work has involved advice on substantive rights, intellectual property management, preliminary dispute resolution, initiating proceedings, drawing pleadings, evidentiary preparation, mediations and hearings.  Her recent matters have included protecting clients’ rights against trade mark infringement (led by T Cordiner QC), trade mark opposition proceedings, patent infringement and opposition proceedings (led by IP Horak), design infringement proceedings and defending clients against allegations of copyright infringement. 

 

  • Consumer law and franchising: Lucy draws on her experience at Toyota Australia to assist clients in relation to consumer law matters and also to understand and protect their rights under franchising arrangements.  Her briefs have included matters concerning misleading and deceptive conduct including the effect of trade dress and breach of consumer guarantees.

 

  • Commercial law: advising and appearing in contractual disputes including those involving misuse of confidential information; guarantees; advising in relation to the Australian Design Rules and regulatory requirements for packaging; and insolvency and bankruptcy matters.  Lucy appeared in the Court of Appeal in the matter of Archibald v Powlett [2017] VSCA 259 (21 September 2017) (led by M Bearman).

 

Lucy’s experience as a solicitor, including managing the legal department at Toyota Australia, allows her to provide advocacy and advice that is commercially sound.  Lucy commenced as a lawyer at Corrs Chambers Westgarth managing contentious and non-contentious intellectual property and information technology matters.  At Toyota Australia, Lucy was recognised for her ability to deal with complex matters including those involving regulators and franchisees navigating the legal framework and commercial objectives.

 

Lucy has been responsible for strategic management of international taxation issues including analysis of corporate wide transactions and profitability, evidentiary preparation including selecting and instructing experts preparing independent reports, consideration of impact of Mutual Agreement Protocol meetings and negotiation of Advanced Pricing Agreement.

 

Lucy has advanced analytical skills and she was conferred a Master of Laws from University of Melbourne which included a thesis in intellectual property.  She is on the editorial panel of the Australian Intellectual Property Law Bulletin.  Her recent publications include:

  • ‘Craft beer, banks and fastcards: case note of opposition proceedings’ (2018) 31(6) IPLB 98
  • Peter Wallis and Lucy Davis, ‘Protecting intellectual property rights: interlocutory injunctions’ (2017) 30(5) IPLB 109
  • Helen Symon, QC and Lucy Davis, ‘Is a ‘statutory fiction’ necessarily a horror story for taxpayers?’ (2016) 51(4) Taxation in Australia 203
  • ‘Trade mark cases update: wild geese and smoking cigars’ (2016) 29(9) IPLB 206

 

She regularly is requested to present on legal issues.  Her recent presentations include:

  • Patent Opposition Masterclass, 2 day comprehensive and practical masterclass designed and delivered together with Ben Fitzpatrick and Ian Horak for IPTA, 2020
  • Interlocutory injunctions – managing intellectual property disputes, 2018
  • Introduction to Copyright, Law Institute of Victoria, 2017
  • That’s not fair! Impact of the unfair contract terms regime, 2016/2017
  • Intellectual property issues in sales and purchases of businesses, Greenlist CPD Series, August 2016
  • Contract Law Fundamentals, Greenslist CPD Series, September / October 2015
  • Summary Dismissal, Melbourne University, October 2015
  • The International Fiscal Association’s panel discussion on the implications of the Federal Court’s transfer pricing decision Chevron Australia Holdings Pty Ltd v Commissioner of Taxation [2015] FCA 1092

 

Lucy read with Peter Wallis SC and her senior mentor is Philip Solomon QC.

To get in touch with Lucy Davis | or for more information please contact the Clerk on: +61 3 9225 7222 or clerkb@greenslist.com.au

Liability limited by a scheme approved under Professional Standards legislation.