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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
Should you be checking your termination benefit approvals?
21 September 2018
A recent unreported decision of the NSW Supreme Court should have executives rushing to their lawyers to check that their entitlements on retirement or termination from office have been properly approved by shareholders. It is not enough that shareholders have been told about an executive’s termination benefits and then given some general approval to them. For termination benefits approval to be effective, requirements as to both form and substance need to be strictly observed.
MORE INFORMATION
Gambling Law and Regulation Newsletter - August 2018
10 August 2018
Welcome to the August 2018 edition of the Addisons Gambling Law & Regulation Newsletter . This is a bumper issue reflecting on many of the industry developments that have occurred this year in advance of the 2018 Australasian Gaming Expo.
MORE INFORMATION
Gambling as the new smoking
27 July 2018
Could gambling be the new smoking? With most of the western world now effectively banning smoking advertising, could gambling be targeted in a similar way? With gambling advertising being banned in Italy, how likely is it that this could occur in Australia? Jamie Nettleton, Partner of Addisons and President of the International Masters of Gaming Law, was pleased to be interviewed on ABC radio’s “More Than Just A Game” last night.
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
Should you be checking your termination benefit approvals?
21 September 2018
A recent unreported decision of the NSW Supreme Court should have executives rushing to their lawyers to check that their entitlements on retirement or termination from office have been properly approved by shareholders. It is not enough that shareholders have been told about an executive’s termination benefits and then given some general approval to them. For termination benefits approval to be effective, requirements as to both form and substance need to be strictly observed.
MORE INFORMATION
Gambling Law and Regulation Newsletter - August 2018
10 August 2018
Welcome to the August 2018 edition of the Addisons Gambling Law & Regulation Newsletter . This is a bumper issue reflecting on many of the industry developments that have occurred this year in advance of the 2018 Australasian Gaming Expo.
MORE INFORMATION
Gambling as the new smoking
27 July 2018
Could gambling be the new smoking? With most of the western world now effectively banning smoking advertising, could gambling be targeted in a similar way? With gambling advertising being banned in Italy, how likely is it that this could occur in Australia? Jamie Nettleton, Partner of Addisons and President of the International Masters of Gaming Law, was pleased to be interviewed on ABC radio’s “More Than Just A Game” last night.
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
Should you be checking your termination benefit approvals?
21 September 2018
A recent unreported decision of the NSW Supreme Court should have executives rushing to their lawyers to check that their entitlements on retirement or termination from office have been properly approved by shareholders. It is not enough that shareholders have been told about an executive’s termination benefits and then given some general approval to them. For termination benefits approval to be effective, requirements as to both form and substance need to be strictly observed.
MORE INFORMATION
Gambling Law and Regulation Newsletter - August 2018
10 August 2018
Welcome to the August 2018 edition of the Addisons Gambling Law & Regulation Newsletter . This is a bumper issue reflecting on many of the industry developments that have occurred this year in advance of the 2018 Australasian Gaming Expo.
MORE INFORMATION
Gambling as the new smoking
27 July 2018
Could gambling be the new smoking? With most of the western world now effectively banning smoking advertising, could gambling be targeted in a similar way? With gambling advertising being banned in Italy, how likely is it that this could occur in Australia? Jamie Nettleton, Partner of Addisons and President of the International Masters of Gaming Law, was pleased to be interviewed on ABC radio’s “More Than Just A Game” last night.
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
Easy as ABC – Insolvency and the Relation-Back Day
15/7/2013
The Full Court of the Federal Court of Australia has rejected an argument that the applicant for an order for a company to be wound up in insolvency must prove that the company was insolvent at the "relation-back day" in addition to proving insolvency at the date of filing the application and the date of the hearing.
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
Sales and Marketing Law - Australia - Tricks of the Trade Practices Act*
14/1/2011
Two decisions of the Federal Court of Australia provide recent examples of business conduct that may contravene provisions of the Trade Practices Act ("TPA") and highlight for businesses certain activities which should be avoided.
View Full Focus Paper
 

Qualifications

BComm (Accounting) LLB - University of New South Wales


Graduate Member of the Insolvency Practitioners Association of Australia
 

Latest Knowledge
Should you be checking your termination benefit approvals?
21 September 2018
A recent unreported decision of the NSW Supreme Court should have executives rushing to their lawyers to check that their entitlements on retirement or termination from office have been properly approved by shareholders. It is not enough that shareholders have been told about an executive’s termination benefits and then given some general approval to them. For termination benefits approval to be effective, requirements as to both form and substance need to be strictly observed.
MORE INFORMATION
Gambling Law and Regulation Newsletter - August 2018
10 August 2018
Welcome to the August 2018 edition of the Addisons Gambling Law & Regulation Newsletter . This is a bumper issue reflecting on many of the industry developments that have occurred this year in advance of the 2018 Australasian Gaming Expo.
MORE INFORMATION
Gambling as the new smoking
27 July 2018
Could gambling be the new smoking? With most of the western world now effectively banning smoking advertising, could gambling be targeted in a similar way? With gambling advertising being banned in Italy, how likely is it that this could occur in Australia? Jamie Nettleton, Partner of Addisons and President of the International Masters of Gaming Law, was pleased to be interviewed on ABC radio’s “More Than Just A Game” last night.
MORE INFORMATION