Hamish Mc Avaney Details

Hamish McAvaney

Bar roll 2021 Admitted 2015
  • Commercial Law Employment & Industrial
  • Tort Law Public Law
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Hamish McAvaney practises in all areas of commercial and public law.

Since coming to the bar, Hamish has advised and appeared in a range of commercial matters, involving contract, tort, the Australian Consumer Law, and the Corporations Act. Hamish has acted for numerous parties in oppression proceedings as well as for parties in insolvency, receivership and liquidation related disputes.

Hamish has a particular interest in property, planning and environmental law matters, including building and construction. This compliments his expertise gained as a solicitor. Prior to coming to the bar, Hamish gained more than seven years’ experience as a solicitor, most recently as a senior associate at Allens in Melbourne, and prior to that at Linklaters in London, where he worked in the environment and climate change team. Hamish has advised and appeared in matters involving complex contractual interpretation, severance of joint tenancies, adverse possession, promissory estoppel, rental abatement and commercial and residential leasing. He has also appeared pro bono for clients in housing and homelessness law matters.

As a commercial litigator, Hamish worked on a range of complex commercial disputes in various courts, as well as regulatory investigations and public inquiries. Hamish also has experience working in industry and understands the pressures facing in-house lawyers. He prides himself on his commerciality. Having benefited from working across all aspects of the profession, he seeks to ensure he is easy to work with.

Hamish holds a Bachelor of Law (honours) and a Bachelor of Arts from Monash University, where he studied on a merit scholarship recognising academic excellence.

Hamish read with Tom Warner and his senior mentor is Claire Harris KC.

Liability limited by a scheme approved under Professional Standards Legislation.

Contact

Correspondence
Chambers & Clerk

Owen Dixon Chambers West
Level 15 Room 19

525 Lonsdale Street

Melbourne VIC 3000

View map

Jane King

03 9225 8558

Expertise

Commercial Law
  • Bankruptcy
  • Building & Construction
  • Class Actions
  • Competition
  • Consumer Law
  • Contractual Disputes
  • Corporate Insolvency
  • Corporations & Securities
  • Energy & Resources
  • Equity & Trusts
  • Insurance
  • Real Property
  • Residential & Retail Tenancies
  • Sports Law
  • Climate Change
Employment & Industrial
  • Confidential Information
  • Discrimination
  • Employment Contracts
Tort Law
  • Appellate
  • Class Actions
  • Commissions & Inquiries
  • Common Law
  • Defamation
  • Inquests
  • Major Torts
  • Negligence
  • Personal Injury
  • Product Liability
  • Professional Negligence
Public Law
  • Administrative Law
  • Civil & Human Rights
  • Commissions & Inquiries
  • Constitutional Law
  • Discrimination
  • Environment
  • Freedom of Information
  • Judicial Review
  • Planning & Local Government
  • Privacy
  • White Collar Crime

Qualifications

Qualifications

Bachelor of Arts

(French Studies Major) (Monash)

Bachelor of Laws (Hons) (Monash)

Admitted

Victoria

England and Wales

Entitled to practise in

High Court of Australia

Federal Court of Australia

State and Territory Courts and Tribunals

Languages

French

Spanish

Recent Cases

Commercial Law

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 KC and with Tom Warner, instructed by Allens)

Biodiversity v Vaughan Constructions (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 appeal to the VSCA on a complex statutory interpretation question under the Water Act (led by Tim Margetts KC and with Justin Lipinski, instructed by Piper Alderman)

Publications