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Hayden Martin
Telephone +61 2 8915 1068
Facsimile +61 2 8916 2068
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Commercial litigation has been the focus of my work since 1997 and this has equipped me with broad experience advising and appearing for clients in commercial disputes and litigation.  In particular my work has seen me involved in contractual disputes, business and shareholder disputes, insolvency matters, commercial property and lease disputes, cases involving misleading conduct under trade practices legislation, inquiries before statutory bodies such as ICAC and appellate proceedings.


I was admitted to practice in 1998 and joined Addisons as a Senior Associate in late 2006.  I was promoted to Special Counsel in 2015.

 

 

Qualifications

BComm (Accounting) LLB - University of New South Wales


Graduate Member of the Insolvency Practitioners Association of Australia
 

Latest Knowledge
Directors’ Duties - "Should we?" - the High Court says "NO" in ASIC v Lewski
06 February 2019
APRA’s 2018 review into CBA’s corporate governance practices recommended injecting into CBA’s DNA a “should we?” question in relation to all dealings with and decisions on customers. The High Court expressed a similar sentiment in its recent decision in ASIC v Lewski, reminding company boards of the high standard expected of directors in making decisions when the stakes are high, the amounts involved are significant and there are potential conflicts of interest involved. The court at first instance also made some helpful observations in relation to when a director can or should rely on professional advice in making a determination, which is summarised in the article.
MORE INFORMATION
Gambling Law & Regulation Newsletter - December 2018
21 December 2018
Welcome to the December 2018 edition of the Addisons Gambling Law & Regulation Newsletter. This newsletter contains Focus Papers published recently by Addisons concerning various issues relating to gambling regulation in Australia and recent developments that are likely to have an impact on the gambling sector during 2019.
MORE INFORMATION
Commercialisation of Intellectual Property
14 November 2018
In this edition of BenchTV, Partner, Donna Short and Special Counsel, Hazel McDwyer discuss the phases of a commercialisation project, the types of intellectual property in commercialisation agreements, and the need for the protection of intellectual property both on a domestic and global scale.
MORE INFORMATION

My work involves litigation and dispute resolution in the areas of:

 

  • Commercial disputes;
  • Shareholder and business disputes;
  • Insolvency and debt recovery;
  • Property and lease disputes;
  • Trade practices;
  • Appeals;
  • Statutory inquiries.
 

Qualifications

BComm (Accounting) LLB - University of New South Wales


Graduate Member of the Insolvency Practitioners Association of Australia
 

Latest Knowledge
Directors’ Duties - "Should we?" - the High Court says "NO" in ASIC v Lewski
06 February 2019
APRA’s 2018 review into CBA’s corporate governance practices recommended injecting into CBA’s DNA a “should we?” question in relation to all dealings with and decisions on customers. The High Court expressed a similar sentiment in its recent decision in ASIC v Lewski, reminding company boards of the high standard expected of directors in making decisions when the stakes are high, the amounts involved are significant and there are potential conflicts of interest involved. The court at first instance also made some helpful observations in relation to when a director can or should rely on professional advice in making a determination, which is summarised in the article.
MORE INFORMATION
Gambling Law & Regulation Newsletter - December 2018
21 December 2018
Welcome to the December 2018 edition of the Addisons Gambling Law & Regulation Newsletter. This newsletter contains Focus Papers published recently by Addisons concerning various issues relating to gambling regulation in Australia and recent developments that are likely to have an impact on the gambling sector during 2019.
MORE INFORMATION
Commercialisation of Intellectual Property
14 November 2018
In this edition of BenchTV, Partner, Donna Short and Special Counsel, Hazel McDwyer discuss the phases of a commercialisation project, the types of intellectual property in commercialisation agreements, and the need for the protection of intellectual property both on a domestic and global scale.
MORE INFORMATION
Blix Street Records, Inc.
I acted for a US record label with the rights to the music of the late Eva Cassidy in a multi-jurisdictional dispute with a former business partner regarding the business and distribution of royalties.
View Full Case Study
ICAC
I appeared for and advised two witnesses in the Independent Commission Against Corruption in the course of the Commission's investigations and hearings in "Operation Spicer". This was the high profile matter in which political fund raising activities and donations to the Liberal Party in New South Wales were investigated by the Commission.
View Full Case Study
The Liquidators of ABC Learning Centres Limited and related companies (In Liquidation)
I acted in a number of high profile litigious matters for the Liquidators of the ABC Group of Companies, the large corporate group that ran childcare centres in Australia, New Zealand, the US and the UK before entering external administration in November 2008.
View Full Case Study
 

Qualifications

BComm (Accounting) LLB - University of New South Wales


Graduate Member of the Insolvency Practitioners Association of Australia
 

Latest Knowledge
Directors’ Duties - "Should we?" - the High Court says "NO" in ASIC v Lewski
06 February 2019
APRA’s 2018 review into CBA’s corporate governance practices recommended injecting into CBA’s DNA a “should we?” question in relation to all dealings with and decisions on customers. The High Court expressed a similar sentiment in its recent decision in ASIC v Lewski, reminding company boards of the high standard expected of directors in making decisions when the stakes are high, the amounts involved are significant and there are potential conflicts of interest involved. The court at first instance also made some helpful observations in relation to when a director can or should rely on professional advice in making a determination, which is summarised in the article.
MORE INFORMATION
Gambling Law & Regulation Newsletter - December 2018
21 December 2018
Welcome to the December 2018 edition of the Addisons Gambling Law & Regulation Newsletter. This newsletter contains Focus Papers published recently by Addisons concerning various issues relating to gambling regulation in Australia and recent developments that are likely to have an impact on the gambling sector during 2019.
MORE INFORMATION
Commercialisation of Intellectual Property
14 November 2018
In this edition of BenchTV, Partner, Donna Short and Special Counsel, Hazel McDwyer discuss the phases of a commercialisation project, the types of intellectual property in commercialisation agreements, and the need for the protection of intellectual property both on a domestic and global scale.
MORE INFORMATION
Gaming Machines: Federal Court of Australia dismisses allegations of misleading and deceptive conduct in Shonica Guy v Crown Melbourne Limited & Anor
6/3/2018
An application brought in an Australian Court that Aristocrat’s Dolphin Treasure electronic gaming machine (or EGM) was misleading and deceptive in contravention of the Australian Consumer Law (ACL) has been dismissed.
View Full Focus Paper
ROT clauses and the PPSA – Is possession still nine-tenths of the law?
30/3/2015
If a seller of goods goes into liquidation in the era of the Personal Property Securities Act 2009 (Cth) (PPSA), whose interest in goods prevails in a contest between the liquidator, an unpaid supplier with retention of title (ROT) rights and a third party purchaser?
View Full Focus Paper
Converting the form of Liquidation – More bang for the Liquidator's buck
6/2/2014
Early in his or her appointment a liquidator in a creditors' voluntary liquidation (CVL) should consider applying to the Court to convert the CVL to a Court ordered winding up in insolvency. Conversion may benefit the unsecured creditors, in whose interests the liquidator acts, by enabling the liquidator to pursue claims and make recoveries not available in a CVL. The reasons liquidators have applied for conversion include: • Obtaining the benefit of a directors' and officers' liability insurance (D&O) policy; • Accessing recovery provisions of the Corporations Act 2001 (Cth) (Act) not available in a voluntary winding up.
View Full Focus Paper
Insolvency Legal Update
11/7/2012
Welcome to the Addisons Insolvency Update for July 2012. Recent months have brought many developments in the insolvency, corporate and financial services fields. We report on some of these.
View Full Publication
Insolvency - Legal Update
28/3/2012
Welcome to Addisons Insolvency Update for March 2012. Recent months have brought a myriad of legal developments in the insolvency/restructuring field. We report on some of these.
View Full Publication
 

Qualifications

BComm (Accounting) LLB - University of New South Wales


Graduate Member of the Insolvency Practitioners Association of Australia
 

Latest Knowledge
Directors’ Duties - "Should we?" - the High Court says "NO" in ASIC v Lewski
06 February 2019
APRA’s 2018 review into CBA’s corporate governance practices recommended injecting into CBA’s DNA a “should we?” question in relation to all dealings with and decisions on customers. The High Court expressed a similar sentiment in its recent decision in ASIC v Lewski, reminding company boards of the high standard expected of directors in making decisions when the stakes are high, the amounts involved are significant and there are potential conflicts of interest involved. The court at first instance also made some helpful observations in relation to when a director can or should rely on professional advice in making a determination, which is summarised in the article.
MORE INFORMATION
Gambling Law & Regulation Newsletter - December 2018
21 December 2018
Welcome to the December 2018 edition of the Addisons Gambling Law & Regulation Newsletter. This newsletter contains Focus Papers published recently by Addisons concerning various issues relating to gambling regulation in Australia and recent developments that are likely to have an impact on the gambling sector during 2019.
MORE INFORMATION
Commercialisation of Intellectual Property
14 November 2018
In this edition of BenchTV, Partner, Donna Short and Special Counsel, Hazel McDwyer discuss the phases of a commercialisation project, the types of intellectual property in commercialisation agreements, and the need for the protection of intellectual property both on a domestic and global scale.
MORE INFORMATION