Gautam Mukherji

Profile

Gautam provides advice and acts in a wide variety of commercial and administrative law matters. His practice has a particular focus on defamation and intellectual property law including trade marks, and copyright, and administrative law including FOI proceedings. 

He also has experience in corporations law including in relation minority shareholder oppression, insolvency, corporate governance and compliance, regulatory issues and more general commercial litigation including contractual disputes, consumer disputes, and estates disputes.

Gautam has appeared in trials and applications in the Federal Court of Australia and the Supreme Court of Victoria, New South Wales and Western Australia (both as junior counsel and unled), as well as in the County and Magistrates’ Courts of Victoria, the VCAT and AAT/ART.

Gautam has also advised and represented individuals in Australian Securities and Investments Commission and Australian Competition and Consumer Commission investigations.

Before coming to the Bar Gautam was a Senior Associate at K&L Gates (then Middletons) where he specialised in commercial litigation and intellectual property. 

Gautam holds an honours degree in Law and a Masters in Law from the University of Melbourne. He is a contributing author for the Laws of Australia.

A sample of Gautam’s matters include:

Defamation

• Dadon v Australian Financial Review (2024, Federal Court) – Acting for applicant in relation to allegedly defamatory content in an article published in the AFR purportedly about a business associated with the applicant. Led by Sue Chrysanthou SC
• Leung and Ors -ats- Fung Lam (2024) – Acting for defendants, and prospective defendants in defending allegations of defamation made by a former employer against former employees. 
• Ibrahim v Ye (2024, County Court, VIC)– Acting for plaintiff in County Court prosecuting defamation claim including separate hearing on question of serious harm. 
• Anonymous (2024) Defamation proceedings acting for a plaintiff, employed as a senior sporting coach in which the defendants had made a number of serious defamatory allegations, including in relation to sexual misconduct to the sporting club fraternity. 
• Adamis -ats- Hutchinson (2024) – Acting for defendant in defending publications on website said to be defamatory of failed political candidate.
• Clifftop at Hepburn Pty Ltd v Google and TripAdvisor (2023, Federal Court of Australia)– Acting for applicant in preliminary discovery application seeking information to identify people posting defamatory reviews about a business. 
• Cumming v Lo Russo and Arcadia Music Company Pty Ltd (2024, Federal Court of Australia) – Acting for applicant (an artist) seeking preliminary discovery of documents from management company relating to recording and publishing contracts.
• International Wushu Federation v Google (2021, Federal Court of Australia) Acting for plaintiff seeking release of documents and information identifying defendant for defamation proceedings.
• Gayed v Abdelmalek (2020, County Court VIC) Acting for plaintiff seeking damages for publications on Facebook directed at small community. Determination as to damages of $120,000 and costs.
• Penman and Anor v Dalliston (2020, County Court VIC). Acting for plaintiffs in relation to alleged defamatory publications published on Tripadvisor website and Facebook.
• Billis v McLernon (2019, Supreme Court WA) Acting for plaintiff in contempt proceedings for alleged breaches of permanent injunctions restraining publication of defamatory material online.
• Burke v Shiells and Anor (2018, County Court VIC). Acting for defendants in action brought by ex-councillor against fellow member of council in relation to publications said to be contained in letters to the editor published in local newspaper.
• Moroney and Ors v Zegers (2018, Supreme Court VIC). Acting for defendant in defamation action brought by 10 joint plaintiffs in relation to publications alleged to be contained in emails sent to membership of a sporting club.
• De Saram and Cochrane v Cunniffe and Brown (2016, Supreme Court VIC). Acting for defendants in two separate action brought by an ex business partners who allege that defamatory statements were made in emails and face book posts. 
• Anderson v Mighell (2014, Supreme Court VIC). Acting for defendant to defamation action brought by business partner in relation to statements alleged to have been made in person and by email.

Intellectual Property

• Omikron Victoria Pty Ltd and Ors -ats- Omikron Investments Pty Ltd and Anor (2024, Federal Court of Australia)– Acting for respondents in defending allegations of infringement of copyright in photographs, infringement of trade marks and contravention of the ACL.
• Ironman 4x4 v Spicer and Ors (2023, Federal Court of Australia)– Acting for applicant company seeking to restrain former employees from breaching copyright and misuse of confidential information led by Luke Merrick KC
• AIRAH v SmartTrade Ltd (NZ) (2022, Federal Circuit and Family Court of Australia) – Acting for applicant in relation to copyright infringement of instructional and industry manuals by competitor based in New Zealand. 
• Condari Pty Ltd v Haus Group Australia Pty Ltd (2021, Federal Court of Australia). Acting for respondent in relation to allegations of trade mark infringement arising from use of Google Ad words.
• Granvue Homes v Lukach, Kuzevski and Anor (2020, Federal Circuit Court of Australia). Acting for respondents defending allegations of copyright infringement arising from house plans.
• Karmakar and Anor v Vend Ltd (Federal Court of Australia). Acting for applicant seeking rectification of the trade marks register based on prior existing un registered substantially identical trade mark and reputation.
• Abodeliving.com Pty Ltd v Abode Group of Companies Pty Ltd (Federal Court of Australia). Acting for applicant in trade mark infringement proceedings in relation to unauthorised use of trade marks on websites and in online marketing.
• HCA Lawyers Pty Ltd v Taylor Preston Lawyers Pty Ltd (Federal Court of Australia). Acting for applicant in relation to alleged use of material on business website in breach of copyright.
• Domain name dispute for major Australian brand owner against registrant of domain name using registered trade mark.
• Advice in relation to protection of and enforcement of intellectual property rights including use of instructional manuals and copyright in architectural drawings for houses.
• Acting in trade mark examinations, opposition and non-use applications.

General

• Sleeping Duck Pty Ltd and Ors -ats- BBHF Pty Ltd [2024] VSC 320 (Supreme Court, VIC) – acting for minority shareholder defendant in successfully defending allegations of oppression brought by another minority shareholder.
• In the matter of Myenergi Apac Pty Ltd (2023, Supreme Court, VIC) – acting for minority shareholder (former director) of company alleging oppressive conduct by the majority shareholders.
• Moksh Group Pty Ltd v Emerging Energy Solutions (2024, Supreme Court, VIC) – acting for Moksh Group in litigation involving the trade of Small Scale Technology Certificates, Large Scale Technology Certificates and other carbon credits.
• Riskcom Pty Ltd litigation (2024, County Court, VIC) – Acting for plaintiff in breach of contract and injurious falsehood claims against IT services provider arising from notices published by the IT services provider on the plaintiff’s website. 
• Naomi Lynne Sims and Down Under Covers Pty Ltd v Grant Sims and Ors (Supreme Court, VIC) – Family law dispute. Acting for plaintiff in seeking property settlement involving share of broader family farming assets and also redress in relation to breaches of confidential information in the operation of a previously jointly operated business. Led by Travis Mitchell KC.
• Australian Furniture Association (AFA) -ats- DNA Training Solutions Pty Ltd (2024) – Acting for AFA defending claims that AFA had breached agreements with plaintiff to and failed to pay for services rendered. 
• JB Hi Fi Pty ltd (JB) and Goodguys Discount Warehouse Pty Ltd (GGDW) -ats- UUG and Ors (Ongoing, VCAT Discrimination claim) – Acting for JB and GGDW and individual retail staff and managers accused of racial discrimination in store by a customer.
• G&S Group Australia Pty Ltd -ats- Danvir Transport Pty Ltd (2023, Federal Court of Australia) – Acting for respondent defending enforcement of statutory demand issued to the applicant. 
• McNeill v RAID Studio and Ruljancich (2024, VCAT Building dispute) – Acting for property owner in action for breaches of contractual obligations against architect in large and complex building project. 
• Cheng v Diseris (2024, VCAT Building dispute) – Acting for owners of a property against builder for defective building works and overcharging.
• Wu and Jivan v Renco Constructions Pty Ltd (2023, VCAT Building dispute) – Acting for owners of property against builder for defective building works. 
• Hill v Cronin (2021, Supreme Court VIC). Acting for defendant in claim alleging constructive trust over property where constructive trust said to arise from contributions made by plaintiff during course of relationship and large pool of joint assets.
• Hotondo Building v Dycom Technology Pty Ltd (2021, County Court) Acting for plaintiffs in claim alleging breaches of technology service agreement made apparent after cyberattack.
• Mostafa v Sherif (2020, County Court, VIC). Acting for plaintiff in claim alleging moneys paid as an investment were actually loans provided.
• Dwyer v Alfex CNC Australia Pty Ltd (2020, County Court, VIC). Acting for plaintiff alleging misleading and deceptive conduct and breaches of consumer guarantees in relation to supply of laser marking machine.
• Liversidge v Broken Head Investments and Ors (2020, VCAT). Acting for respondents in claim alleging breaches of licence and seeking injunctions.
• Dorobak Investments Pty Ltd & Anor v Schnitz Hawthorn Pty Ltd & Ors (2020, Supreme Court, VIC). Acting for defendants in relation to allegations of breaches of contract, fiduciary obligations and consumer law.
• Downie v Spiral Foods and Ors (Supreme Court VIC). Acting for plaintiffs in class action against manufacturers, packagers and distributors of Bonsoy soy milk. Led by D. Curtain QC and with L. Nichols.
• Tabcorp Holdings Limited v State of Victoria [2013] VSC 302 Appeared for the State in Supreme Court proceedings. Led by Dr S.B McNicol QC.
• Tabcorp Holdings Limited v State of Victoria (No 2) [2013] VSC 54 Appeared for the State in Supreme Court proceedings. Led by W. Harris QC and Dr S.B McNicol QC.
• De Cata and Anor v Iaconnis and Ors (Supreme Court VIC). Acting for applicants seeking removal of single dwelling covenant on property in Reservoir.
• Saleh Challenge Pty Ltd v Savas Pastras (Supreme Court VIC). Acting for applicant/plaintiff seeking removal of a number of unwarranted and unjustified caveats placed over real property.
• Chen v Young [2016] VCC 952 Acting for defendant in claim for misleading and deceptive conduct in the sale of a business.
• Eagle Fuels Pty Ltd v Slidecross Pty ltd & Anor [2014] VCC 596 Acting for supplier of fuel in seeking payment of invoices and enforcing of personal guarantees.
• Eagle Fuels v Ground Moves (Magistrates Court). Acting for supplier of fuel in contractual dispute arising in circumstances of allegation of land contamination.
• DC Payments v various (Magistrates Court). Acting for plaintiff, a provider of automatic teller machines and associated services, in various contractual disputes with small business owners utilising the plaintiff’s services and machines..
• Burgess Properties Pty Ltd v Grimshaw (Civil Claims) [2015] VCAT 1230 Acting for respondents in contractual dispute in relation to building works.
• Pizza Fellas Pty Ltd v Eatnow Services Pty Ltd and Anor (VCAT). Acting for applicant in an urgent interlocutory injunction application seeking to restrain the respondents from continuing to make allegedly unauthorised use of intellectual property online. Led by I. Martindale QC.

Administrative law, review

• Adamis -ats- Hutchinson (2024, Supreme Court, VIC) – Acting for applicant seeking review of interlocutory decisions made in Magistrates Court of Victoria associated with service of pleadings in defamation proceedings.
• The Queen v Reed-Robertson [2016] VSC 236 Acting for the accused in opposing an application in the Supreme Court for release of record of interview to the media.
• Kalm and Minister for Immigration and Citizenship [2013] AATA 87 Acting for applicant seeking to set aside Minister’s decision to cancel visa on failure to pass character test.
• Contreras and Minister for Immigration and Border Protection [2013] AATA 914 Acting for applicant seeking to set aside Minister’s decision to cancel visa on failure to pass character test.
• Tabcorp Holdings Ltd v The Secretary to the Department of Treasury and Finance (No 1) (Review and Regulation) [2013] VCAT 1234 Appeared for the Department of Treasury and Finance led by Dr S.B. McNicol QC.
• Tabcorp Holdings Limited v Secretary to the Department of Treasury and Finance (Review and Regulation) [2013] VCAT 1731 Appeared for the Department of Treasury and Finance led by P.R.D Gray QC
• Elbayeh v Secretary, Department of Education, Employment and Workplace Relations [2012] FCA 832 Acting for applicant seeking review of decision of the AAT to affirm decision of the Secretary.