Rohan Higgins

Rohan has a broad commercial litigation practice and regularly appears in all courts and various tribunals across Australia. Prior to coming to the Bar in 2007, Rohan was a solicitor at Clayton Utz, specialising in intellectual property litigation.

Rohan’s practice spans various areas of law, including contract law, where he appears in disputes involving breaches of contract, negligence, misleading conduct, and implied agreements. He also has significant experience in franchise law, regularly advising franchisors and franchisees on disputes related to franchise agreements, compliance with the Franchising Code of Conduct, and interpreting franchise contract terms.

In addition to contract law, Rohan’s practice extends to estates and trusts, where he appears in matters involving unadministered estates, executor duties, maladministration, and trustee powers. He also regularly appears in insolvency matters, including disputes under the Corporations Act and Bankruptcy Act.

Rohan also advises and appears in property disputes, including issues concerning ownership, leases, and rights in real property transactions. He also has experience in alternative dispute resolution, particularly mediation, handling matters such as personal injury claims related to professional conduct.

Practice Areas

Administrative
Alternative Dispute Resolution
Commercial
Communications/Media
Contracts
Equity and Trusts
Franchising
Insolvency
Intellectual Property
Migration
Professional Negligence
Real Property

Recent Cases

Pesec v Zivko (No 4) [2024] ACTSC 361

Rohan appeared (led by M. Pesman SC) for the successful defendants in a complex costs dispute following an unsuccessful oppression claim. McCallum CJ made a comprehensive costs order, requiring the plaintiff to pay the defendants’ costs, with specific provisions for shared representation from 11 August 2022, and rejected the defendants’ application for a special costs order. View Case

Classics for a Cause Pty Ltd v Grays Ecommerce Group Ltd [2023] NSWSC 967

Rohan appeared unled for the successful first defendant in a dispute concerning an online auction of a classic car. The plaintiff sought substantial damages of $1.6M to $2.3M after a technological error caused the auction to close early. Rees J dismissed the summons and crossclaim, finding that the auctioneer acted reasonably and in accordance with the User Agreement. View Case

Colin CM Moore Pty Ltd v Sivathasan [2022] NSWSC 532

Rohan appeared for the successful defendant, led by John Gooley and instructed by Goldman Law. The case involved a Licensing Agreement granting the defendant a licence to use intellectual property related to surgical techniques for phalloplasty. The Court declared that the defendant had validly terminated the agreement, dismissing both the plaintiffs’ statement of claim and the defendant’s amended statement of crossclaim. View Case

Perry v Perry & Ors. [2021] NSWSC 1669

Rohan successfully represented the first defendant in this complex case concerning the administration of a 45-year-old intestate estate with a rural property as its primary asset. The Court ruled in favour of the first defendant, upholding the administrator’s decisions, including the use of estate funds for the maintenance and advancement of minor beneficiaries. Rohan was led by John Gooley. View Case

Traderight (NSW) Pty Ltd v Bank of Queensland Limited (No 17) [2014] NSWSC 55

Rohan, led by S. Couper KC with JV Gooley and GAF Connolly, successfully acted for the Bank of Queensland in a complex trade practices and employment dispute. The matter, which ran for over 100 days, involved numerous interlocutory applications. The Bank defeated claims from 11 franchisees seeking damages over branch closures, with Ball J dismissing all claims and entering judgment for the Bank on its counterclaims. View Case

Publications & Presentations

Nicholas Tyacke and Rohan Higgins, I Love the Smell of Copyright in the Morning: Intellectual Property Protection of Perfumes and Fragrances (2004) 17(6) IPLB 99

Nicholas Tyacke, Tara Walker and Rohan Higgins, Can Copyright Law be Used to Protect the ‘Look and Feel’ of a Website (2007) 10(2) INTLB 14

Educational Background

Bachelor of Arts (ANU) 1999
Bachelor of Laws (Hons) (ANU) 2001

Memberships

Intellectual Property Society of Australia and New Zealand