TYPE OF PRACTICE

Sam Hay has a broad commercial practice at the Bar encompassing advice and appearance work at trial and appellate level principally in the superior courts. He has extensive experience in banking and finance matters, corporations law, insurance disputes of all types, fraud and fiduciary matters, financial advice disputes, class actions, insolvency, trusts, professional negligence and contract and trade practices disputes.

Current matters include acting for an insurer in a large-scale class action in the Supreme Court, acting for a group of defendants in a series of voidable transaction cases in the Federal Court, acting for a top four bank in a large-scale fraud matter, acting for a number of insolvency practitioners in relation to various significant appointments, acting for a major shareholder in a high value oppression claim in the Supreme Court, acting in various insurance disputes for professionals including lawyers, accountants and building practitioners.

Sam is:

• a member of the Victorian Bar Council and is currently its Honorary Treasurer and a member of the executive;
• a member of the Counsel Committee;
• the chair of the Audit and Finance Committee;
• the deputy chair of the Banking and Finance section of the Commercial Bar Association of Victoria;
• a member of the Victorian Legal Admissions Committee which was established by the Victorian Legal Admissions Board; and
• a member of the Legal Costs Committee which has functions pursuant to the Legal Profession Uniform Law Application Act 2014 (Vic).  

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 the Corporations 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.