Joseph Elks
- Barrister NSW 2020
- New York NY 2016
- Solicitor NSW 2012
- PHONE +61 2 8066 6169
- EMAIL joseph.elks@5wentworth.com
Overview
Joe has a broad practice, and specialises in all areas of intellectual property, complex commercial disputes, sports law, equity, consumer law and trade practices.
Joe appears led and unled in the Federal Court as well as appearing unled in the NSW Supreme Court and lower courts and tribunals (including regularly appearing unled in the Racing Appeals Tribunal).
Joe is ranked by Chambers and Partners as a leading junior in Intellectual Property in Asia Pacific (2025, 2026); has been recognised in Doyle’s Guide since 2022, including as a “Leading” junior counsel in intellectual property litigation in New South Wales 2025; has been named by Best Lawyers as “One to Watch” in 2023, 2024, 2025 and 2026 for Intellectual Property and Commercial Law; and is ranked as a “Leading Junior” in IP and TMT by the Legal 500 in 2024, 2025 and 2026.
Joe’s recent Federal Court judgments include:
• Sun Pharma ANZ Pty Ltd v Otsuka Pharmaceutical Co Ltd [2025] FCA 44 (pharmaceutical patent)
• Janssen Pharmaceutica NV v Juno Pharmaceuticals Pty Ltd [2025] FCA 1538 (pharmaceutical patent)
• Abbey Laboratories Pty Ltd v Virbac (Australia) Pty Ltd (No 3) [2025] FCA 1179 (veterinary pharmaceutical patent)
• Dyno Nobel Asia Pacific Pty Ltd v Orica Explosives Technology Pty Ltd [2025] FCA 767 (mining patents)
• Watson Webb Pty Ltd v Comino [2025] FCA 871 (mechanical patent, designs, copyright, confidential information)
• Comino v Watson Webb Pty Ltd [2026] FCAFC 66 (copyright, confidential information, third party costs orders)
• Oracle Corporation Australia Pty Ltd v Commissioner of Taxation (Stay Application) [2024] FCA 1262 (tax, international treaties)
Joe’s current and ongoing matters include:
• High Court appeal in respect of patent term extensions (Otsuka v Sun Pharma, decision reserved)
• Ongoing pharmaceutical patent litigation, including representing Gilead (HIV patents) and Janssen (hypertension patent and schizophrenia patents)
• Ongoing copyright and contract litigation involving GJ Gardner Homes (house plan copyright, franchise agreements)
• Ongoing confidential information litigation, including Green Gold Energy Pty Ltd v Trina Solar Investment Pte Ltd & Ors
Prior to being called to the Bar, Joe was a Senior Associate at Herbert Smith Freehills in Sydney, and a Senior Associate at a leading firm in New York, specialising in intellectual property and competition litigation.
Joe obtained his Bachelor of Laws (Hons I) and Bachelor of Commerce from UQ and was awarded the Freehills Prize in Law for graduating with the highest law GPA for the dual program. Joe also has a Master of Laws from NYU where he attended as a Hauser Global Scholar and graduated first in NYU’s Competition Law and IP program. Joe was an Associate to the Hon. Justice Cowdroy OAM at the Federal Court of Australia in 2011.



Qualifications
- LLM New York University, 2016
- LLB (Hons 1) University of Queensland 2010
- BComm (Finance) University of Queensland 2010