Haydn Carmichael has a broadly based commercial advice and trial practice encompassing corporations law, equity, competition and trade practices law, market regulation and judicial review. Haydn acts in commercial crime and civil penalty proceedings. Haydn has experience in Wickenby and post Wickenby tax and regulatory proceedings.
Following admission to practice, Haydn worked as a duty lawyer and test case litigator with the Legal Aid Commission of Victoria, thereafter with Philips Fox where he was a Senior Associate before call to the Victorian Bar.
A summary of cases in which Haydn has appeared is available on request.
Haydn is married to a scientist, father to two, would write if he had time, produced a documentary film Seriously Singing when he thought he had more time than he did to tell a story, amongst other things during the national curriculum debate, of the importance of singing and music in a culturally literate public education.
Some recent reported matters:
- Joyce v Sunland Waterfront (BVI)  FCAFC 95
Whether witness voluntarily giving evidence by video link from overseas breaches sovereignty; stay of proceedings.
- Sunland Waterfront (BVI) Ltd v Prudentia and Ors (No 2)  VSC 239
This proceeding was cross vested from the Federal Court to the Victorian Supreme Court fort trial. Prior to transfer there occurred 19 interlocutory applications including as to the taking of evidence from witnesses out of the jurisdiction ( the appeal decision is noted above); and subsequent to trial, as to indemnity costs; Sunland Waterfront(BVI) v Prudentia (No 3)  VSC 399
- Sunland Waterfront (BVI) Ltd v Prudentia and Ors (No 1)  VSC 1.
Private International Law: Application for Anti- Suit injunction in relation to foreign proceedings.
- Court of Appeal and subsequent stay of judgement and special leave applications; see Sunland Waterfront (BVI) Ltd v Prudential Investments Pty Ltd  VSCA 237;  VSCA 265;  VSCA 266.
- Howard v Commissioner of Taxation (No 3)  FCA 352
Acting for the taxpayer in taxation appeals concerning the fundamentals of a joint venturer's fiduciary duty, trusts law and the assessment of proceeds flowing from offshore non-resident trust share buy back transactions.
- Howard v Commissioner; Commissioner v Howard  FCAFC 149.
- R v Emini and Blumberg  VSC 236
Acting on behalf of a director in criminal prosecution for breach of directors duties following the collapse of OPES PRIME.
- ASIC v Soust  FCA 68
Acting for director in defence of market manipulation, creating a false market and breach of directors duties allegations in a civil penalty proceeding.
- Whittlesea Juventus International Football Club Inc v Football Federation Victoria Inc  VSC 123
Interlocutory injunction to restrain administration of competition restructure.
- ASIC v Mining Projects Group Ltd and Ors  FCA 1620
Interlocutory proceeding in civil penalty proceeding alleging breach of directors duties inter alia in making a false and misleading announcement to the market concerning the mineralisation and exploration potential of a mining tenement contrary to s 1041H Corporations Law; insider trading and breach of JORC Code reporting obligations inter alia pursuant to ASX Listing Rules. ASIC subsequently withdrew the proceeding.