Rohan Higgins

Rohan Higgins came to the bar after 5 years working as a solicitor at Clayton Utz, where he worked primarily in the intellectual property litigation group.

Practice Areas

  • Administrative
  • Alternative Dispute Resolution
  • Commercial
  • Communications/Media
  • Contracts
  • Equity
  • Intellectual Property
  • Migration
  • Professional Negligence

Recent Cases

  • The City of Sydney v Streetscape Projects (Australia) Pty Ltd [2011] NSWSC 1214; Rohan appeared as junior counsel for the defendants.The case raised numerous complex issues including the powers of statutory bodies, contractual construction, confidential information, copyright, fiduciary duties and Barnes v Addey secondary liability.
  • MacDonald v Raupach [2011] NSWCA 320; Rohan appeared for the second and third respondents in the Court of Appeal proceedings (having previously appeared for those parties at first instance). The case concerned whether a deed of settlement entered into when a party was bankrupt without the approval of the trusatee could be enforced after the party’s bankruptcy was annulled.
  • Carolia Pty Ltd v Crompton [2010] NSWSC 493; Rohan appeared as junior counsel for the defendants. The proceedings concerned a contractual dispute, and raised questions about the genuiness of electronic documents.
  • Knight v Beyond Properties Pty Ltd [2007] FCAFC 170; Rohan appeared as junior counsel in the Full Federal Court proceedings for the appellant and in the subsequent special leave application.The case concerned misleading or deceptive conduct and passing off.

Publications & Presentations

Nicholas Tyacke and Rohan Higgins, I Love the Smell of Copyright in the Morning: Intellectual Property Protection of Prefumes 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


Intellectual Property Society of Australia and New Zealand