Robert Hay QC Barrister

Robert Hay QC


Dawson Chambers

Room 119

405 Little Bourke Street

Melbourne 3000

  • Victorian Bar Profile
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Robert practices mainly in Property law including sale of land, owners corporation, mortgages and leasing.

Recent Cases:

High Court of Australia

IMCC Group Pty Ltd v CB Cold Storage (High Court of Australia, Melbourne No. M104 of 2017) (opposing application for leave to appeal)

Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd (2016) 333 ALR 384 (High Court)(retail lease dispute)

Court of Appeal

Laming v Jennings [2018] VSCA 335 (appeal from County Court concerning easement by prescription arising from doctrine of lost modern grant)

Advisory Services Pty Ltd v Augustin [2018] VSCA 95 (real estate agent’s commission)

Lo v Russell [2016] VSCA 323 (sale of land dispute)

IMCC Group Pty Ltd v CB Cold Storage [2017] VSCA 178 (retail lease dispute)

Supreme Court

Richmond Football Club Inc v Verraty Pty Ltd [2019] VSC 597 (appeal from VCAT concerning whether a lease can cease to be a “retail premises lease” during the term of the lease)

Ironbridge Holdings Pty Ltd (ACN 009 341 011) (Administrators Appointed) (Receivers And Managers Appointed) v Sonje Patricia O'Grady (S CI 2016 05210)(Ginnane J) (proceeding heard in August 2019 but not determined)

CB Cold Storage v IMCC Group Pty Ltd [2017] VSC 23 (appeal from VCAT, retail lease dispute)

Tan v Russell (2016) VSC 323 (sale of land dispute)

Higgins Nine Group Pty Ltd v Ladro Greville St Pty Ltd [2016] VSC 244 (appeal from VCAT, retail lease dispute)

De Bruyn v Victorian Institute of Forensic Mental Health (2016) 48 VR 647(challenge to the State government’s ban on smoking)

Bisognin v Hera Project Pty Ltd [2016] VSC 75 (sale of land dispute)

County Court

Meteorite Property (Bourke Street) Pty Ltd v New Concept Investment Pty Ltd [2017] VCC 119 (lease dispute)


Verraty v Richmond Football Club [2019] VCAT 1073 (retail lease dispute)

Versus (Aus) Pty Ltd v ANH Nominees Pty Ltd [2017] VCAT 859 (retail lease dispute)

CB Cold Storage Pty Ltd v IMCC Group (Australia) Pty Ltd [2016] VCAT 1866 (retail lease dispute)

Luchio Nominees Pty Ltd v Epping Fresh Food Market Pty Ltd [2016] VCAT 969 (retail lease dispute)

Other notable cases

Robert was junior counsel in the “Reference on Women Bishops (31 March 2007)”, a decision of the highest legal body in the Anglican Church, the Appellate Tribunal. Robert and Dr Croft SC (now Justice Croft) appeared for the members of the General Synod who wanted women to have the right to be consecrated as bishops. The Tribunal held that there was nothing in the Constitution that precluded the consecration of women as bishops with the consequence that the Anglican Church now has several female bishops.

Robert also acts as a mediator in property law disputes and provides advice to government bodies about legislation and property law issues. Robert is a co-author of:

(a)    The Mortgagee’s Power of Sale (4th ed), 2019, LexisNexis;

(b)       Commercial Tenancy Law (4th ed), 2018, LexisNexis;

(c)       Commercial Tenancy Law (3rd ed), 2009, LexisNexis;

(d)    The Mortgagee’s Power of Sale (3rd ed), 2012, LexisNexis;

(e)    Retail Leases Victoria (looseleaf), LexisNexis.

(f)    Transfer of Land Act (Vic) Thomsons Reuters (expected publication date 2021).

Robert is a member of the Law Institute of Victoria’s Leasing Committeee and Property Law Committee and is casenotes editor of the “Property Law Journal”. He regularly presents seminars and papers on property law issues. Before joining the Bar Robert was a solicitor employed by Arthur Robinson & Hedderwicks and a journalist with “The Mercury” newspaper in Hobart.

To get in touch with Robert Hay QC | or for more information please contact the Clerk on: +61 3 9225 7222 or

Liability limited by a scheme approved under Professional Standards legislation.