Intellectual Property Barrister

About

Passion. Experience. Diligence.

Anton Hughes_032_med.jpg

After graduating with a Bachelor of Engineering in Computer Systems in 1996, Anton worked as a programmer at a publicly listed telecommunications company, and in the mobile communications division of NEC Australia, before setting up his own consulting firm, developing web-based remote access solutions for educational institutions.

Anton graduated with a Bachelor of Laws with Honours in 2004. Having developed an interest in intellectual property over the course of his studies, he enrolled in a PhD, researching the patentability of software. He was awarded his PhD in 2012.

Anton was admitted as a lawyer in 2009. Since then, he has taken every opportunity to follow his dream of being an intellectual property barrister. He worked as Associate to Justice Porter of the Supreme Court of Tasmania from 2009 to 2011. He then worked for Legal Aid in Hobart and Sydney, in order to work on his advocacy skills.

Anton was called to the bar in 2013. One of his earliest cases involved appearing for the Commissioner in Research Affiliates v Commissioner of Patents, which remains one of the leading cases on the patentability of alleged inventions in Australia.

 

Education

UNIVERSITY OF QUEENSLAND
BE (Comp Sys), 1996

UNIVERSITY OF TASMANIA
LLB (Hons), 2004
PhD (Laws), 2012

Activities & Affiliations

• NSW Bar Innovation and Technology Committee, Member
• IPSANZ, Member
• Australian Copyright Society, Member
• Tasmanian Law Reports, Reporter

Admissions

• Australian Lawyer, 2009
• Barrister (NSW), 2013

Select cases

Anton has extensive experience appearing in judge-only and jury trials and appeals, in a broad range of commercial and criminal matters. Selected cases in which he has appeared, include the following:

Intellectual Property

Research Affiliates v Commissioner of Patents
(with David Catterns QC and Christian Dimitriadis SC)

LEADING CASE ON PATENTABLE SUBJECT MATTER

Where claimed invention provides a method to create a securities index by means of a computer; whether a patentable invention; whether a manner of manufacture within the meaning of s6 of the Statute of Monopolies - relevance of computer implementation

Domino’s Pizza Enterprises Ltd v Precision Tracking & Ors
(with RonWebb SC and Patrick Flynn)

DESCRIBED BY THE AUSTRALIAN FINANCIAL REVIEW AS THE "INTELLECTUAL PROPERTY CASE OF THE DECADE": https://bit.ly/2GXhrza

Where claimed invention a system for GPS tracking of delivery drivers; patent infringement and invalidity; copyright infringement; breach of confidence; misleading and deceptive conduct: see for example [2017] FCA 1063

Chamberlain Group v Giant Alarm Systems & Ors
(with Patrick Flynn)

Where claimed invention relates to moveable barrier operators secured by encrypted "rolling code" key generation and transmission; patent infringement; leave to serve alleged infringing device manufacturer outside jurisdiction: see for example [2017] FCA 1472

Equity & Commercial

Hull v Stahlert; Estate of Davis [2017] NSWSC

Family provision claim by daughter and son against deceased father; estrangement; settled at mediation

Sydney Security v iGuard Australia [2016] NSWSC

Allegations of defamation/injurious falsehood by competitor in relation to tenders for security work; see ex parte interlocutory injunction application [2016] NSWSC 1808

Zafir v MV Investments [2015] NSWSC

Injunction application; duty judge; conveyancing; contract of sale agreed deposit and substantial part of purchase price to be paid by way of alternative currency; repudiation of agreement; alleged total failure of consideration

Allsvelte Pty Ltd v Cassegrain Wines Pty Ltd [2015] NSWSC 1370

relief against loss of option to renew; s133E and 133F Conveyancing Act 1919 (NSW); construction and interpretation of lease contract

Huynh & Pham v Ralevski [2016] NSWCATCD

Application by home owner against builder claiming breach of statutory warranties pursuant to Home Building Act 1989 (NSW)