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Experience

Hamish practises in commercial law at both trial and appellate levels. Examples of cases (including links to judgments on Austlii, where available) are listed below.

Commercial

Dessmann, in the matter of Dessmann [2023] FCA 1019  Appeared as amicus curiae on an application for an order that the applicant not be a disqualified person under s 126J(1)(b) of the Superannuation Industry (Supervision) Act 1993 (Cth).

Lendlease Engineering Pty Ltd v Owners Corporation No 1 [2022] VSCA 105 Statutory interpretation of s 134 of the Building Act 1993 concerning the limitation period to apply to projects with multiple occupancy permits and related issues as to joinder of parties. Led by Ian Waller QC, instructed by Thomson Geer.

Lendlease Engineering Pty Ltd v Owners Corporation No. 1 [2021] VSC 471 Costs ruling where issues decided in favour of both appellant and respondents. Instructed by Thomson Geer.

Auslong Development Management Pty Ltd v Morey [2021] VSC 250 Application for leave to appeal, and appeal, from a decision of the VCAT concerning the operation of Part IV of the Property Law Act 1958 (Vic).

Mercer Superannuation (Australia) Limited v Billinghurst [2017] FCAFC 201 Superannuation – decision of Superannuation Complaints Tribunal setting aside decision of Trustee and remitting it for reconsideration, where Trustee adopted a valuation based on calculations of Plan Actuary who had advised the employer. Whether the Trustee’s decision was fair and reasonable in the circumstances. Led by Jonathan Brett QC instructed by Greenfields Lawyers.

Re Simonds Group Limited [2016] VSC 609 Application by a minority shareholder to delay implementation of a Scheme of Arrangement to avoid loss and potential oppressive conduct. Led by Ian Waller QC, instructed by Madgwicks Lawyers.

FSS Trustee Corporation v Eastaugh & Anor [2016] VSC 636 (Commercial Court, McDonald J); construction of a superannuation trust deed and whether payments made to members of a defined benefit scheme constituted salary (led by David Robertson QC, instructed by Greenfields Lawyers).

Banksia Securities Limited v Patrick Godfrey & Ors (Commercial Court,Supreme Court of Victoria, ongoing): Collapse of Banksia Securities Limited and associated losses to the company and debenture-holders. Acting for an insurer of a professional advisor party (led by Chris Caleo QC, instructed by Hall & Wilcox).

Nguyen v Phan (No 2) [2015] VSC 634 (Commercial Court, Elliott J): a shareholder dispute involving allegations of breaches of fiduciary duties and accessorial liability with a counterclaim alleging breaches of the Corporations Act 2001 (Cth) and oppression (led by Ian Waller QC with Kate Burgess as junior counsel, instructed by Baker & McKenzie)

Minh Nguyen & Ors v Tu Phan & Ors [2015 VSC 32]: interlocutory ruling during trial concerning application to amend pleadings.

Kilkenny Walsh Pty Ltd v Strasburger Enterprises (Properties) Pty Ltd [2014] VSC 117: breach of contract arising from the purchase of land formerly used as a service station (led by Ian Waller QC, instructed by Best Hooper).

Wain & Ors v Drapac & Ors [2012] VSC 156: beneficial ownership of shares in companies and unit trusts and oppression (led by Ian Waller QC, instructed by Isakow Lawyers).

Wain & Ors v Drapac & Ors (No. 2) [2013] VSC 381: separate question on entities to be taken into account for order of purchase of shares and units (led by Ian Waller QC, instructed by Isakow Lawyers).

Drapac & Ors v Wain & Ors [2013] VSCA 19: application for stay of judgment pending appeal (led by Ian Waller QC, instructed by Isakow Lawyers).

Exxon Mobil Superannuation Plan Pty Ltd v Esso Australia Pty Ltd [2010] VSC 357: rectification of trust deed (led by Jennifer Batrouney SC and Stephen McLeish, instructed by Minter Ellison).

Berndale Securities Ltd v How Trading Pty Ltd[2010] VSC 216: default by client of contract with options trading clearing house; limitations on liability of client to indemnity broker (led by Paul Anastassiou QC, instructed by Blake Dawson).

Ipex v Melbourne Water Corporation [2009] VSC 383: misleading and deceptive conduct and information technology outsourcing agreement (led by Ian Waller QC and Alan Sandbach, instructed by AJH Lawyers).

Gunns Ltd v Marr [2008] VSC 464: interlocutory ruling on redaction of documents for confidentiality and irrelevance (with Ian Waller QC instructed by Clayton Utz).

Biota Scientific Management v Glaxo Group Ltd (Supreme Court of Victoria Sep 2006 – July 2008): breach of contract and best endeavours clause led by John Karkar QC and Michael Wheelahan QC, instructed by Deacons).

Yarra Capital Group v Sklash [2006] VSCA 109: whether default clause a penalty (led by Nemeer Mukhtar QC, instructed by Clayton Utz).

Masha Nominees v Mobil Oil Australia[2006] VSC 15: breach of contract arising from purchase of land formerly used as a petrol station (led by Ian Waller, instructed by Ashley West & Co).

Re Simonds Group Limited [2016] VSC 609: Application by a minority shareholder to delay implementation of a Scheme of Arrangement to avoid loss and potential oppressive conduct. Led by Ian Waller QC, instructed by Madgwicks Lawyers.

Insurance

Sayers Property Holdings Pty Ltd v AIG Australia Ltd [2024] VSC 139 Whether an insured had suffered loss “resulting from a claim” or had established the amount claimed under a policy of liability insurance was a reasonable settlement. With Hannah Douglas instructed by Hall & Wilcox.

Sayers Property Holdings Pty Ltd v AIG Australia Ltd [2022] VSC 377 Waiver of client legal privilege in the context of a claim against an insurer for indemnity following the settlement of a proceeding. With Ella Zauner, instructed by HWL Ebsworth.

Entyce Food Ingredients Pty Ltd v CGU Insurance Limited [2020] VSC 757 Construction of general and products liability insurance policy and commercial contracts in the context of a recall and withdrawal and loss of frozen berry products due to contamination of food products with Hepatitus A. Led by Michael Thompson QC, instructed by William Abbott and Associates.

Bergman v CGU Insurance Ltd [2016] VSC 81 (Commercial Court, Hargrave J); insurance, non-disclosure and misrepresentation; whether policy responded (led by Chris Caleo QC, instructed by Cornwall Stodart).

Banksia Securities Limited v Patrick Godfrey & Ors (Commercial Court,Supreme Court of Victoria, ongoing): Collapse of Banksia Securities Limited and associated losses to the company and debenture-holders. Acting for an insurer of a professional advisor party (led by Chris Caleo QC, instructed by Hall & Wilcox).

Leading Synthetics Pty Ltd v Adroit Insurance Group [2011] VSC 467: estoppel and credit risk insurance (led by Chris Caleo QC, instructed by McCabe Terrill Lawyers).

Mainstream Aquaculture v Calliden Insurance Ltd [2011] VSC 286: construction of commercial insurance contract (led by Chris Blanden QC instructed by GTR Lawyers).

Twentieth Super Pace Nominees v Australian Rail Track Corporation [2006] VSC 353: action in contract and negligence arising out of a train derailment (led by Chris Blanden QC, instructed by McCabe Terrill).

Twentieth Super Pace Nominees v Australian Rail Track Corporation [2006] VSC 500: Decision on damages where split trial.

Environmental and Public Law

VicForests v Friends of Leadbeater's Possum Inc [2021] FCAFC 66 Statutory interpretation of regulatory scheme established under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) are related legislation. Led by Ian Waller QC, and with Rebecca Howe, instructed by Baker McKenzie.

Environment East Gippsland v VicForests [2021] VSC 869 Application for interlocutory injunctions restraining forestry operations in certain parts of Victorian State forest. Led by Philip Solomon QC, and with Hannah Douglas, instructed by Johnson Winter Slattery

Environment East Gippsland Inc v VicForests [2021] VSC 569 Application for interlocutory injunctions restraining forestry operations in certain parts of Victorian State forest. Leading Rebecca Howe, instructed by Johnson Winter Slattery

Kinglake Friends of the Forest Inc v VicForests [2021] VSC 788 Application for interlocutory injunctions restraining forestry operations in certain parts of Victorian State forest. Leading Hannah Douglas, instructed by Johnson Winter Slattery

Environment East Gippsland Inc v VicForests [2021] VSC 406 Application for interlocutory injunctions restraining forestry operations in certain parts of Victorian State forest. Leading Rebecca Howe, instructed by Johnson Winter Slattery

Friends of Leadbeater’s Possum Inc v VicForests [2021] HCATrans 215 Application for special leave to appeal a judgment of the Full Federal Court. Led by Bret Walker SC and Ian Waller QC, instructed by Baker McKenzie.

VicForests v Friends of Leadbeater’s Possum Inc [2021] FCAFC 66; 285 FCR 70 Appeal concerning the correct interpretation of s 38(1) of the Environmental Protection Biodiversity Act 1999 (Cth). Led by Ian Waller and with Rebecca Howe, instructed by Baker McKenzie.

Friends of Leadbeater’s Possum Inc v VicForests [2018] FCA 178 Statutory interpretation of regulatory scheme established under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) are related legislation. Led by Ian Waller QC, and with Katrina Chow, instructed by Baker McKenzie.

MyEnvironment v VicForests [2013] VSCA 356; (2013) 198 LGERA 396, 206 ALR 624, [2014] ALMD 2380: statutory construction where competing purposes, and lawfulness of proposed logging in Toolangi (led by Ian Waller QC, instructed by Baker & McKenzie).

MyEnvironment v VicForests [2012] VSC 91: question of whether proposed logging in Toolangi lawful (led by Ian Waller QC, with Nasos Kaskani as junior, instructed by Baker & McKenzie).

Environment East Gippsland v VicForests [2010] VSC 335; (2010) 30 VR 1; [2012] ALMD 3348: question of whether proposed logging in East Gippsland lawful (led by Ian Waller QC, instructed by HWL Ebsworth).

Environment East Gippsland v VicForests [2009] VSC 386: interlocutory injunction and standing of environmental group (led by Ian Waller QC instructed by HWL Ebsworth Lawyers).

Environment East Gippsland v VicForests (No. 2) [2009] VSC 421: interlocutory injunction, whether security in addition to undertaking should be provided in public interest litigation (led by Ian Waller QC, instructed by HWL Ebsworth Lawyers).

Other

Catch the Fire Ministries v Islamic Council of Victoria [2006] VSCA 284; (2006) 15 VR 207, 235 ALR 750, 206 FLR 56.: religious vilification (led by Brind Woinarski QC and Debbie Mortimer SC, instructed by Allens Arthur Robinson).

Liability limited by a scheme approved under Professional Standards legislation.