Search

Sam Hay QC

QUALIFICATIONS  BA, LLM
ADMITTED  2002    BAR  2002
YEAR APPOINTED SILK  2019
CHAMBERS  ODW 2311

PHONE  9225 8601
MOBILE   0418 910 300
EMAIL  samhay@vicbar.com.au

Sam Hay, BA, LLM

AREAS OF PRACTICE

  • Administrative Law
  • Banking and Finance
  • Bankruptcy and Insolvency
  • Class Actions
  • Commercial Law
  • Corporations
  • Equity / Equitable Relief / Trusts
  • Insurance
  • Product Liability
  • Taxation Law
  • Torts (Other Than PI)
  • Trade Practices

Name *

Email *

Phone *

Preferred Date *

Comments

Search

Experience

TYPE OF PRACTICE

Trial and appellate advocacy, pleadings and opinion work principally in the Supreme Court and the Federal Court in a broad range of commercial disputes. Practice focuses on banking and finance, corporations law, insurance, financial advice disputes, insolvency, trusts, contracts and trade practices.

EXAMPLES OF CASES

Whild v GE Mortgage Solutions:  Supreme Court of Victoria proceeding about the effect of an overstatement in a notice of default on a mortgagee's power of sale.

Wolfe v Permanent Custodians Limited:  Supreme Court of Victoria proceeding about the enforceability of a settlement agreement entered into after a mortgagee had obtained judgment for debt and possession.

Westpac Banking Corporation v Tesoro:  Supreme Court of Victoria proceeding about the consequences of a lender's failure to strictly comply with the default notice provisions of the National Credit Code.

Macralink v Saris:  Supreme Court of Victoria application pursuant to s 237 of theCorporations Act 2001 (Cth) concerning whether the applicant would be in a position of conflict if leave were granted.

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Beynon:  Federal Court (Victorian Registry) proceeding concerning s 550 of the Fair Work Act 2009 (Cth) and whether an insolvency practitioner was "involved in" a contravention of that Act.

Hogg v Corke:  Supreme Court of Victoria application pursuant to ss 232 and 232 of the Corporations Act 2001 (Cth) involving a corporate trustee and a unit trust.

NABE v BDO:  Supreme Court of Victoria proceeding about the appropriateness of advice given by a financial planner.

Re The Wilderness Society:  Supreme Court of Tasmania proceeding about the governance of an incorporated association.

Kiernan-Walker v Westpac:  Federal Court (Victorian Registry) proceeding about the appropriateness of advice given by a financial planner.

SRO v Capital Securities:  Court of Appeal proceeding about a statutory demand and the application of the Broadbeach principle.

Servco v AGL:  County Court of Victoria proceeding about the termination of an exclusive licence agreement.

Re Great Southern Managers:  Supreme Court of Victoria ASIC intervention about judicial advice to a Responsible Entity.

BrisConnections v ASI:  Supreme Court of Victoria ASIC intervention about a Responsible Entity's duties.

Thirteenth Corp v St George Bank:  Court of Appeal proceeding about fee agreement rebates between a bank and its solicitor.

Central Pacific Holdings v State of Victoria:  Supreme Court of Victoria proceeding about a contractual indemnity for land tax liability.

Commonwealth Bank v Kyriackou:  Supreme Court of Victoria injunction proceeding about the restraint of solicitors.

ATO v King & Ors:  Supreme Court of Victoria indemnity proceeding against the former directors of a listed company.

McBride v L J Hooker Ltd:  Federal Court (Victorian Registry) class action proceeding about alleged misrepresentations concerning stamp duty payable on new house and land packages.

Slann v Edmondson:  Federal Court (Victorian Registry) oppression proceeding about the proper date for the valuation of shares to be purchased by majority shareholders.

CGU Insurance v Chacmol Holdings Pty Ltd:   Supreme Court of Victoria Commercial List trial about a claim in restitution for money held in breach of the Insurance Contracts Act 1984 (Cth).

TSI Australia Pty Ltd v Australian Taxation Office:   Federal Court (Victorian Registry) proceeding about voidable transactions under ss 588FE(2) and 588FE(3) of the Corporations Act 2001 (Cth).  The action included a claim by the ATO against former directors under s 588FGA for partial indemnity.

Westpac Bank v Tabet:  Supreme Court of Victoria recovery proceeding involving the non est factum defence.

ASIC v Westpoint Constructions:   Federal Court (Victorian Registry) proceeding about the appointment of a final liquidator to a company in a corporate group that was already largely under administration.

CSL Limited v ACTU and Ors:   Federal Court (NSW Registry) proceeding about a claim for damages caused by a secondary boycott in Western Australia and South Australia.

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Qantas: Australian Industrial Relations Commission proceeding about a jurisdictional issue arising out of a recent federal legislative amendment.

Complete Health Care Pty Ltd v Rafter:   Victorian Court of Appeal proceeding on appeal from a decision of the County Court about the sale of a medical practice and the appointment of a trustee in bankruptcy before a sequestration order was made.

Tylden Pty Ltd v Woodleigh Pty Ltd:   Federal Court (Victorian Registry) proceeding about a complex corporate and land ownership structure set up for the operation of a time-share resort.  The matter largely related to director’s duties and voidable resolutions relating to the purported acquisition of fractional title interests in land.

Media World v USC:   Federal Court (Victorian Registry) proceeding about a winding up under s 461(1)(k) of the Corporations Act 2001 (Cth).

Burton Pty Ltd v Guida:   Supreme Court of Victoria proceeding about permanent injunctions under s 1324 of the Corporations Act 2001 (Cth).

Body Corporate No 2 v Airspace Australia:   Supreme Court of Victoria proceeding about a roof top development in Melbourne’s CBD. The claim concerned the validity of the appointment of members of the body corporate committee.

ASIC v United Insurance Fund:   Federal Court (Victorian Registry) proceeding about the alleged misappropriation of insurance premiums and breaches of the financial recording and reporting provisions of the Corporations Act 2001 (Cth).

ABB Australia Pty Ltd v Meaco:   Supreme Court of Victoria proceeding about the misappropriation of funds and a knowing assistance/receipt claim.

MH6 v Mental Health Review Board: Court of Appeal proceeding about the rules of natural justice in treatment order proceedings at VCAT.

Ruhani v Director of Public Prosecutions:   High Court appeal from a decision of the Supreme Court of Nauru about the validity of visas issued to asylum seekers under the terms of the “Pacific Solution”.

M38 of 2002 v Minister for Immigration   High Court special leave application about the extent of the power of the Commonwealth to remove unlawful non-citizens.

VBAP v Minister for Immigration:  Federal Court (Victorian Registry) proceeding about the circumstances in which an administrative decision may stand despite the presence of jurisdictional error.

SZDPY v Minister for Immigration:  Federal Court (Victorian Registry) proceeding about the circumstances in which an applicant can adopt earlier evidence so as to render it before the administrative tribunal.

'Liability limited by a scheme approved under Professional Standards Legislation.'