Hamish Austin QC Portrait

Hamish Austin QC

Bar roll 1998 Silk 2016
  • Commercial Law Tort Law
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Hamish Austin QC is a leading trial and appellate advocate with a broad commercial practice

Hamish joined the Bar in 1998 and was appointed senior counsel in 2016.  During that time Hamish has developed an extensive practice in general commercial litigation, both at first instance and at appellate level.  He also has specialist expertise in corporations, insolvency, insurance and transport (aviation and maritime) law.

Hamish has appeared in some of the most complex commercial disputes in the last decade. These include the Timbercorp and Centro class actions, the collapses of Environinvest, Great Southern, Forest Enterprises Australia and Primebroker, and the Asahi litigation. Hamish also appeared for the principal moving party in the notable insolvency cases of Re Carpenter and Re Amerind.

As well as Victoria, Hamish has been briefed to appear in superior courts in New South Wales, Queensland, South Australia and Western Australia.  He has also appeared in special references and arbitrations concerning international commercial disputes.  He is a member of the Maritime Law Association of Australia and New Zealand.

Hamish has been recognised in the Victorian and Australian Senior Counsel rankings of “Doyle’s Guide to the Australian Legal Profession” for his expertise in Commercial Litigation and Dispute Resolution, Insolvency and Restructuring and Transport Law, in Best Lawyers for Insolvency and Reorganisation Law, Who's Who Legal for Shipping Law, Chambers and Partners for Restructuring/Insolvency and Shipping and Asia Pacific Legal 500 for Commercial Disputes - Australia Bar.  He is currently ranked by Best Lawyers as Lawyer of the Year Insolvency and Reorganisation Law in Melbourne.

Liability limited by a scheme approved by Professional Standards Legislation

Contact

Correspondence
Chambers & Clerk

Aickin Chambers
Level 23 Room 10

200 Queen Street 
Melbourne VIC 3000 

View map

Jane King

03 9225 8558

Expertise

Commercial Law
  • Admiralty & Maritime
  • Appellate
  • Aviation
  • Banking & Finance
  • Bankruptcy
  • Class Actions
  • Commercial Arbitration
  • Consumer Law
  • Contractual Disputes
  • Corporate Insolvency
  • Corporations & Securities
  • Equity & Trusts
  • Insurance
  • Private International Law
  • Real Property
  • Superannuation
Tort Law
  • Appellate
  • Class Actions
  • Commissions & Inquiries
  • Negligence
  • Product Liability
  • Professional Negligence

Qualifications

Qualifications

Bachelor of Planning & Design Architecture (Melb)

Bachelor of Laws (Hons)(Mon)

Admitted

Victoria

Entitled to practise in

State and Territory Courts and Tribunals

Federal Court of Australia

High Court of Australia

Recent Cases

Selected Cases Include

Shaanxi Nutracare Australia Pty Ltd v Viplus Dairy Pty Ltd [2021] FCA 1015

McCallum, in the Matter of Re Holdco Pty Ltd (Administrators Appointed) (No 3) [2021] FCA 913

Re Holdco Pty Ltd (admins apptd) (No 2) [2021] FCA 377; (2021) 391 ALR 418

Re EAD Concepts Pty Ltd (Admin Apptd) [2021] VSC 227

Hammond v Quayeyeware Pty Ltd [2021] FCA 293; (2021) 150 ACSR 339

In the matter of Atlas CTL Pty Ltd [2021] NSWSC 305

Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (Formerly Brookfield Multiplex Constructions Pty Ltd) [2020] FCA 1824

Queenfield Pty Ltd v Gordon Finance Pty Ltd [2020] VSCA 282

Joiner (Liquidator), in the Matter of CuDeco Limited (Receivers and Managers Appointed) (in Liq) [2020] FCA 1661

Wu v OHAPIF Pty Ltd (ACN 167 080 542) as trustee for the Oliver Hume Australia Income Fund [2020] VSC 552

Queenfield Pty Ltd v Gordon Finance Pty Ltd (Costs) [2020] VSC 292

Re Holdco Pty Ltd (Administrators Appointed) [2020] FCA 666; 145 ACSR 243

Gandel Metals Pty Ltd, in the matter of Centennial Mining Limited (Subject to Deed of Company Arrangement) v Centennial Mining Limited (No 2) [2020] FCA 633

Gandel Metals Pty Ltd, in the matter of Centennial Mining Limited (Subject to Deed of Company Arrangement) v Centennial Mining Limited (No 3) [2020] FCA 794

Strawbridge (Administrator), in the matter of CBCH Group Pty Ltd (Administrators Appointed) (No 2) [2020] FCA 472

StockCo Agricapital Pty Ltd v Dairy Livestock Services Pty Ltd [2020] NSWSC 318

Tomlak Pty Ltd v Westpac Banking Corporation [2020] VSC 79

Queenfield Pty Ltd v Gordon Finance Pty Ltd [2019] VSC 857; 60 VR 118

Atlas CTL Pty Ltd (in liquidation) v PJM Fleet Management (Receivers and Managers appointed) (in liquidation) [2019] VSC 837

Acting for a residential aged care provider and a number of its current and former officers and employees in the Royal Commission into Aged Care Quality and Safety (Hobart sittings, October 2019)

Acting for two residential aged care providers and their chief executive officers in the Royal Commission into Aged Care Quality and Safety (Mildura sittings, July 2019)

Barport Pty Ltd v Baum [2019] VSCA 167

Re Timbercorp Finance Pty Ltd (in liq) [2019] FCA 957; 137 ACSR 189

Australian Securities and Investments Commission v AGM Markets Pty Ltd (No 2) [2018] FCA 1470

Australian Securities and Investments Commission v AGM Markets Pty Ltd [2018] FCA 1119; 129 ACSR 335

Commonwealth v Byrnes and Hewitt [2018] VSCA 41; 124 ACSR 246

Re Amerind Pty Ltd (receivers and managers apptd) (in liq) (No 2) [2017] VSC 169

Re Amerind Pty Ltd (receivers and managers apptd) (in liq) [2017] VSC 127; 320 FLR 118; 121 ACSR 206

Mair v Rhodes & Beckett [2017] VSC 54

Re Southern Riverina Dairy Group Pty Ltd [2017] VSC 4

FSS Trustee Corporation v Eastaugh [2016] VSC 636

Reardon v Hall & Wilcox (a firm) (No 2) [2016] VSC 719

Reardon v Hall & Wilcox (a firm) [2016] VSC 188; 50 VR 117

Re Carpenter International Pty Ltd [2016] VSC 118; 51 VR 190; 307 FLR 37; 111 ACSR 477

Kalabakas v Chubb Insurance Australia Ltd [2015] VSC 705; (2016) 19 ANZ Insurance Cases 62-088

The Australian Special Opportunity Fund, LP v Equity Trustees Wealth Services Ltd (No 2) [2015] NSWCA 294

The Australian Special Opportunity Fund, LP v Equity Trustees Wealth Services Ltd [2015] NSWCA 225; 298 FLR 147; 108 ACSR 45; 323 ALR 570

Boz One Pty Ltd & Anor v McLellan & Ors (No 2) [2015] VSCA 145

Boz One Pty Ltd & Anor v McLellan & Ors [2015] VSCA 68; (2015) 105 ACSR 325

Re Bacchus Distillery Pty Ltd (Administrators Appointed) [2014] VSC 111; 98 ACSR 539

Woodcroft-Brown v Timbercorp Securities Ltd & Ors [2014] HCATrans 85

Boz One Pty Ltd & Anor v McLellan & Ors [2014] VSC 208; (2014) 101 ACSR 442

Re Metal Storm Ltd (subject to Deed of Company Arrangement) [2014] NSWSC 813; 100 ACSR 637

Re Metal Storm Ltd (subject to Deed of Company Arrangement) [2014] NSWSC 1170

Re Metal Storm Ltd (subject to Deed of Company Arrangement) [2014] NSWSC 1458

Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd & Ors [2014] VSCA 326; 49 VR 86; 192 FLR 114

Woodcroft-Brown v Timbercorp Securities Ltd & Ors [2013] VSCA 284; 96 ACSR 307

NT Consulting Services Pty Ltd v Own Investments Pty Ltd [2013] VSC 508

Re Great Southern Finance Pty Ltd (in liquidation) [2013] VSC 351

Re Gunns Plantations Limited (No 1) [2012] VSC 655

ABN AMRO Clearing Sydney Pty Ltd v Primebroker Securities Ltd [2012] VSCA 287; (2013) 39 VR 208

Australian Public Trustees Limited (in its capacity as trustee and/or responsible entity of the Government Property Trust No 5) (recs apptd) v Australian Public Trustees Limited (recs apptd) (in its capacity as trustee of the Government Property Trust No 3 (and also known as GPT Vicroads Class C Trust)) [2012] VSC 364

Kirby v Centro Properties Limited (No 6) [2012] FCA 650

Secatore, in the matter of Fletcher Jones and Staff Pty Ltd (Administrators Appointed) [2011] FCA 1493

Tropical Reef Shipyard Pty Ltd v QBE Insurance (Australia) Ltd [2011] FCAFC 145

SC Capital Pty Ltd v Primebroker Securities Ltd [2011] VSC 565

Woodcroft-Brown v Timbercorp Securities Ltd [2011] VSC 427; 253 FLR 240; 85 ACSR 354

Primebroker Securities Ltd v Fortis Clearing Sydney Pty Ltd (No 3) [2011] VSC 182; 83 ACSR 119

Minister Administering the Mining Act 1978 (WA) v McKern [2010] HCATrans 327

Environinvest Ltd v Misko [2010] VSC 549; 81 ACSR 145

Clarke v Great Southern Finance Pty Ltd [2010] VSC 473; 243 FLR 451; 80 ACSR 219

Tropical Reef Shipyard Pty Ltd v QBE Insurance (Australia) Ltd (No 2) [2010] FCA 1093; 274 ALR 626

McKern v Minister administering the Mining Act 1978 (WA) [2010] VSCA 140; 28 VR 1; 269 ALR 534; 240 FLR 122; 78 ACSR 630

Silvia v FEA Carbon Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2010] FCA 515; 185 FCR 301

Woodcroft-Brown v Timbercorp Securities Ltd [2010] VSC 68; 77 ACSR 361

Capelli v Shepard [2010] VSCA 2; 29 VR 242; 264 ALR 167; 77 ACSR 35

Publications

Memberships

Maritime Law Association of Australia and New Zealand