SMITH, Craig

Enquiry / Availability

SMITH, Craig

Areas of Practice

  • Commercial
  • Contract
  • Copyright
  • Equity/Equitable Relief/Trusts
  • Franchising
  • Intellectual Property
  • Magistrates' Court
  • Patent 

Craig practises in commercial law, with a particular specialisation in contract, intellectual property and Australian Consumer Law disputes. Other areas of practice include franchising, sale of goods, insurance, tort (including negligence, conversion and detinue, and inducement of breach of contract), equity, administrative law and restitution.

He has regularly appeared in the Federal Court, Magistrates’ Court, County Court, Supreme Court, VCAT and the Patents Office both alone, and as junior counsel.

Before coming to the Bar Craig was a Senior Associate at Freehills (now Herbert Smith Freehills), and worked in its litigation and intellectual property groups for 10 years.

He has a Bachelor of Chemical Engineering (Honours, Owen Potter Award for top graduate, Monash), a Bachelor of Laws (Honours, Monash), and a Master of Laws (H1 average, Melbourne). He has published a wide range of articles, in particular in the area of intellectual property, including papers that were awarded the IPSANZ essay prize and the Melbourne University Law School’s Student Published Research Prize (postgraduate division).

Further details are available in his CV above (please use the second CV for IP-related matters)

Examples of some recent matters that Craig has acted in include:


Craig is engaged in a wide range of contract-based disputes, including in insurance contexts, and has undertaken post-graduate study in contract law. In addition to a large number of disputes in lower courts, advices, and resolutions of contract-based disputes, some examples of relevant cases include:

  • For the Roberts (with Ross Macaw QC) in Supreme Court proceedings against ARB in relation to royalties payable under a sale of business agreement relating to 4WD technology, involving an assignment of various patents
  • For PD Enterprise (with Leslie Glick SC) in Supreme Court proceedings against Pacific Brands Clothing and Bonds Industries involving allegations of breaches of various manufacturing agreements
  • For ACP Machinery (with Adrian Ryan SC) in Federal Court proceedings against Boeing for breach of a restraint in a manufacturing agreement, and allegations of copyright infringement
  • For Trailerhomes Pty Ltd (with Leslie Glick SC, then Jim Peters SC) in Supreme Court proceedings seeking a declaration that an option to assign a financial benefit was validly exercised
  • For Rockwell Automation (with Daniel Christie) in Supreme Court proceedings involving 10 former franchisee distributors, successfully defending allegations of breach of contract, engagement in unconscionable and misleading and deceptive conduct, and breach of confidence and fiduciary duty

Australian Consumer Law

Craig has acted for the ACCC in five Federal Court proceedings involving allegations of misleading and deceptive conduct, and unconscionable conduct, both led and unled. In addition, some examples of recent cases include:

  • For Flexopack Australia in Federal Court proceedings in relation to allegations of misleading and deceptive conduct relating to trade mark use
  • For Nimble Pty Ltd in the Federal Court for misleading and deceptive conduct relating to metatag usage
  • For a not-for-profit organisation sued in the Federal Court for contravention of s 18 (and passing off and trade mark infringement) in relation to its trading names


Craig acts in a wide range of patent disputes, acting for patentees, patent applicants, opponents and parties seeking to contest the validity or infringement of patents. He has appeared at opposition hearings (predominantly unled) in respect of more than 23 patent applications, in addition to assisting with the settlement of many oppositions before hearing.

This has included a range of fields of technology, including biotechnology, pharmaceuticals, chemistry, chemical engineering, mining, mechanical inventions, food processing, physics, and electronics.

He is a co-author of an upcoming text on patent law, and has also appeared in a number of court proceedings, including:

  • For Apotex (with David Catterns QC, Katrina Howard SC and Andrew Maryniak) in Federal Court litigation which held three AstraZeneca patents relating to rosuvastatin to be invalid (including on appeal
  • For NSL Engineering, defending patent infringement proceedings involving equipment for handling shipping containers
  • For Apotex (with Sophie Goddard SC) in Federal Court proceedings against GSK in relation to a formulation of paracetamol
  • For Apotex (with David Catterns QC and Neil Murray) in Federal Court proceedings in relation to Les Laboratoires Servier’s patent for perindopril arginine
  • For Artcraft Urban Group (with Mark Moshinsky QC, then Adrian Ryan SC) defending patent infringement proceedings relating to two innovation patents for street lights
  • For Blue Gentian LLC (with Tom Cordiner, and with Bruce Caine QC on appeal) in Federal Court proceedings alleging infringement of two innovation patents relating to garden hoses
  • For Intervet International BV (with Katrina Howard SC) in a patent appeal brought by Merial in relation to a formulation for a veterinary product
  • For Caterpillar Inc (with Adrian Ryan SC) in relation to a patent for chain links for a bulldozer
  • For Apotex (with David Catterns QC) in Federal Court litigation defending infringement proceeding in relation to a particle-size formulation patent for raloxifene

Trade Marks

Craig regularly advises clients on trade mark disputes and has acted in a range of proceedings:

  • For Benefit Browbar in an appeal from the Trade Marks Office;
  • For Flexopack Australia defending a Federal Court proceeding brought by Flexopack S.A. Plastics Industry, and a non-use proceeding
  • For Toast Sales Pty Ltd defending a Federal Court proceeding brought by G-Star Australia for trade mark and copyright infringement
  • For Wolverine Outdoors Inc (owner of Merrell trade marks) in an appeal from a trade mark opposition, and defending a non-use proceeding that was elevated to the Federal Court
  • For Nimble Pty Ltd defending allegations by Cash Converters Pty Ltd of trade mark infringement involving the use of trade marks as part of search engine optimisation strategies
  • For Creative Nail Design Inc in proceedings alleging infringement of trade marks for nail care products
  • For Plumbfirst Pty Ltd in Federal Court proceedings alleging trade mark infringement by Plumbfast Pty Ltd
  • For the Squires Loft chain of restaurants, alleging trade mark infringement by Squires on Queen Pty Ltd
  • For Swisse Vitamins in obtaining a UDRP decision for transfer of the domain name


  • For Australian Council for Educational Research Ltd (with Colin Golvan SC at first instance, alone on appeal), successfully defending allegations of copyright infringement in the Federal Court (amount awarded less than 3% of the claim)
  • For Toast Sales Pty Ltd in successfully defending a Federal Court proceeding brought by G-Star Australia for copyright infringement (discretion exercised against award of an account of profits)

Registered Designs

  • Acting for two suppliers of side-tipping trailers that have been sued in the Federal Court (Perth) for infringement of registered designs
  • For Roadvision (with Glenn McGowan SC) in successfully defending, at first instance and on appeal, allegations by LED Technology of registered design infringement and tortious inducement of breach of contract


  • Acting in various matters for the Legal Practitioners Liability Committee defending allegations of negligence by lawyers (including final hearings in the Magistrates’ Court, Supreme Court and VCAT), as well as acting in a range of subrogated insurance matters involving causes of action based in negligence and breach of contract
  • Acting in a wide range of interlocutory applications, including:
    • obtaining and resisting orders for interlocutory injunctions
    • obtaining search orders
    • having proceedings struck out as an abuse of process
    • resisting and bringing joinder applications
    • obtaining and setting aside summary and default judgments

    From 01 Oct 2009, liability limited by a scheme approved under Professional Standards legislation.



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