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Robert Hay KC

  • Silk : 2014
  •   |  
  • Bar : 1992
  •   |  
  • Admitted : 1988

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

Phone : +61 3 9225 7222

Mobile : 0412 261 287

Email : rhay@vicbar.com.au

Chambers : Owen Dixon Chambers East Level, 2, Room 8, 205 William St, Melbourne VIC 3000

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Expertise

Alternative Dispute Resolution

Expert Determinations

Mediations

Commercial

Banking and Finance

Contractual Disputes

Equity

Real Property

Wills and Probate

Profile

Robert is a commercial barrister and King’s Counsel who practices at trial and appellate level. With more than 30 years’ experience in commercial law and dispute resolution, Robert has a particular interest in property law including sale of land, mortgages, retail and commercial leasing, easements, valuation of land and owners’ corporation disputes. He also practices in equity and trust related matters. Robert has appeared in leading property law cases including acting for the Commonwealth of Australia and has given advice to State governments about legislation and property law matters. He also acts as a mediator.


Robert is a co-author of the leading property law texts Commercial Tenancy Law, The Mortgagee’s Power of Sale and Retail Leases Victoria. Robert is a member of the Law Institute of Victoria’s Leasing Committee and a member of the Bar Council in 2022 and the Bar’s Health and Well-being Committee in 2015, 2016 and 2022.


Before coming to the Bar, Robert was a solicitor at Arthur Robinson & Hedderwicks and a journalist with a daily newspaper.


Blog: https://roberthaykc.blog/

Selected Cases

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)

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

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

Supreme Court - 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)

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

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

VCAT

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)

High Court

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)

County Court

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

Publications

Robert is a co-author of:

(a) Commercial Tenancy Law, Lexis Nexis (3rd to 5th editions);

(b) The Mortgagee’s Power of Sale, Lexis Nexis (3rd and 4th editions); and

(c) Retail Leases Victoria, Lexis Nexis (looseleaf)

Memberships & Committees

Victorian Bar

To get in touch with Robert Hay KC | or for more information please contact the Clerk on:

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Robert Hay KC - Barrister