The healthcare specialist discusses his first favourable trial judgment
Before he entered the legal profession, Sidney Kung was a pharmacist with hospital experience. As he embarked on his practice, he found that the knowledge and experience he gleaned from his previous career would become a major asset to him as a lawyer.
In the first part of this interview, the Baker McKenzie special counsel shares how his areas of expertise have expanded since he started practising and tells Australasian Lawyer about an early-career experience that really built his confidence.
What made you choose a career in law, and what's your favourite part of the job?
I chose a career in law because it offered a unique way to apply my pharmacy background in the healthcare industry.
At the outset of my legal career, I focused largely on intellectual property disputes, in particular, pharmaceutical patent litigation. Over time, my practice has broadened and now, a significant part of my work involves assisting companies in the healthcare and life sciences industry with regulatory issues such as product approval, market access, labelling, advertising, clinical trials, interactions with consumers and healthcare professionals, pricing and reimbursement.
In Australia, law plays a critical role in shaping how businesses in the healthcare industry operate within a tightly regulated framework. The ability for businesses in this sector to do this effectively is the difference between success and failure, especially where Australian regulators like the TGA and ACCC have a significant influence on commercial practices. Helping clients navigate that landscape in a way that is both compliant and commercially sensible is immensely rewarding.
What in your opinion has been the most memorable event of your career to date?
One of the most memorable moments of my career has been advising on a long-running pharmaceutical patent matter which has been the subject of multiple High Court appeals.
As part of this matter, I was tasked with preparing complex financial evidence directed at quantifying lost profits for the purposes of a patent infringement claim. This involved me working directly with multiple forensic accountant experts and attending interviews with representatives of the parties in Sydney, Melbourne and Brisbane. Participation in this fact-finding process early on in my career was a defining professional experience for me as it gave me confidence and provided substantial autonomy as a junior lawyer working on the Australian aspects of a multi-jurisdictional matter.
What in your opinion was the most important thing you got involved in over the past year?
Over the past year, the most important work I’ve been involved in has centred on helping clients in the healthcare and life sciences sectors respond to increased regulator scrutiny in Australia, particularly in circumstances where the TGA is shifting from an education-based approach to a more assertive enforcement strategy.
This has included advising on the regulation of software as a medical device, alternative supply models for private medicines and telehealth-based business models. A common theme across these matters was the importance of legal advice to be grounded in an understanding of how Australian regulators, such as the TGA operate in practice, not just in theory.
If you could relive one day in your life, which day would it be and why?
The day I received my first favourable trial judgment in a matter where I had primary carriage.
The case involved allegations of copyright infringement, breaches of confidentiality, and contraventions of duties under the Corporations Act. The judgment marked the culmination of several years of sustained work, from preliminary discovery through to evidence preparation, and vindicated both the legal strategy and the approach taken.
While the client was a relatively modest, family-run business, the matter was high stakes for the business with significant commercial and reputational consequences depending on the outcome. Personally, it was a defining moment that reinforced the importance of rigour, persistence, and strategic discipline in dispute resolution.
