Hamish McAvaney

JBAM & Anor v LBA Capital Pty Ltd & Ors (VSC): acting for international lenders alleging almost $400m was advanced to Australian entities following breaches of contract and the ACL, and subsequently dissipated to third parties. The case has involved freezing orders, resisting an application for a stay due to parallel criminal prosecutions and complex questions of insolvency/personal bankruptcy (led by Claire Harris SC (as Her Honour then was) and with Tom Warner, instructed by Allens and JWS)

Laurus Group Pty Ltd v Mitsui & Co (Australia) Ltd (VSCA and VSC): acting for Mitsui in contractual dispute regarding non-payment for the supply of in excess of $7m in steel. Successful at trial. An administrator was subsequently appointed to the Plaintiff and the Honourable Justice M Osborne gave a novel decision about the intersection of the PPSA and the security for costs regime (led by Chris Brown SC, instructed by Corrs)

Jasper Nominees Limited (Seychelles Company Number 224224) v Kairouz and Murdaca (VSC): acting for guarantor of loan note subscription agreement in commercial trial involving complex questions regarding pre-contractual misrepresentation, execution formalities and penalty interest (led by J Ribbans, instructed by Melbourne Legal Chambers)

Numerous oppression, commercial, contract and corporations law matters (FCA, SCV, CCV and VCAT, led and unled, instructed by Mills Oakley, MST, Lamplugh McIntosh, T F Grundy solicitors and others) involving civil procedure questions such as joinder, security for costs, injunctions, freezing orders and winding up applications

Biodiversity v Vaughan Constructions (HCA, VSCA, VSC and VCAT): acting for a builder in a large and complex construction dispute concerning allegations of breach of contractual warranties under a D&C Contract. Successfully defended an interlocutory appeal to the VSCA and a High Court Special Leave Application on a complex statutory interpretation question under the Water Act. Settled five weeks into an estimated eight-week trial before the Honourable Justice Delany (led by Tim Margetts KC and with William Thomas and Justin Lipinski, instructed by Piper Alderman)

Owners Corporation Plan No. 445795 v CLARK (VCAT): acting for lot-owner in claim by an Owners Corporation under the Water Act and the OC Act for payment of a special levy associated with an insurance excess payable by the Owners Corporation to remediate a significant flooding event in multi-story apartment complex (unled, direct access brief)

Whitty v Talia (VSCA, VSC): acting for wife in recent Victorian Court of Appeal decision about severance of a joint tenancy (led by S Pitt SC at trial and D Collins KC on appeal, instructed by Mills Oakley)

Melbourne Yifang Group Pty Ltd v Guangao A Group Pty Ltd & Ors: acting for nominee purchaser in dispute with purchaser under contract of sale of land in large growth corridor in Melbourne. Case concerned interpretation of a contract of sale of land where date of settlement not identified with precision (led by G Costello KC, but did not appear at trial, instructed by Verge Legal)

Acting for numerous pro bono clients in homelessness, housing law and residential tenancies matters, as well as advising on property and environmental law matters on a pro bono basis.