Hamish McNair

Special Counsel

Qualifications: LLM (Melbourne), LLB (Hons) (ANU), BCom

Practices

Hamish is an experienced commercial litigator, with a particular focus on defamation, financial services disputes and complex corporate and trust disputes. He has a has a reputation for achieving the best commercial outcomes for his clients with a measured approach to the dispute resolution process.

Hamish’s experience includes managing complex commercial disputes in the Federal Court and Supreme Courts of New South Wales, Victoria and the Australian Capital Territory. He is also highly skilled in dispute negotiation, alternative dispute resolution, conciliation and mediation. Hamish acts for both public and private sector clients and his broad experience extends to applications for urgent relief, appellate matters and defence of class actions.

Experience

Reputational disputes
  • Acting for parties to defamation proceedings in the Supreme Court and District Court of New South Wales, the County Court and Supreme Court of Victoria and the Federal Court of Australia
  • Acting for the Chief Executive Officer of an ASX-listed company in relation to defamatory posts made to a shareholder web forum
  • Issuing and responding to Concerns Notices on behalf of individuals and small and large businesses
  • Acting for businesses targeted by aggrieved former directors, employees and shareholders including through review forums such as Google Reviews
  • Acting for individuals defamed on Facebook and other social media platforms
  • Acting for individuals defamed or otherwise misrepresented in publications by mainstream media, including national tabloid and broadsheet newspapers and national television programs
  • Advising State and Territory Government Departments, Local Councils, sporting organisations and not-for-profit charities in relation to the management of defamation risk
  • Undertaking pre-publication risk analysis for social media campaigns, podcasts and editorials
Financial services disputes
  • Advising and acting for trustees and fund managers of wholesale and retail investment funds in relation to compliance issues, potential risks and reporting of serious breaches to ASIC
  • Acting for individual investors in relation to the provision of negligent financial services advice
  • Acting for Australian Financial Services Licensees in relation to claims made by clients and investors, including complaints lodged with the Australian Financial Complaints Authority
  • Acting for a financial services business in its appeal to the Administrative Appeals Tribunal from a decision of ASIC to refuse to grant a financial services licence
  • Acting for trustees and fund managers in response to notices for production of documents and written answers to questions issued by ASIC
Corporate and regulatory disputes
  • Acting for a large pharmaceutical company in relation to a comparative advertising campaign and alleged breaches of the Australian Consumer Law
  • Advising retailers in relation to potential risks concerning misleading or deceptive conduct under the Australian Consumer Law
  • Acting for a national furniture retailer in relation to an ACCC investigation into “was/now” pricing as part of a national advertising campaign
  • Acting for a key industry operator in relation to an investigation by the ACCC into alleged cartel conduct
  • Advising businesses in the food production and consumer electronics industries in relation to product recall obligations and processes
  • Acting for directors and officers in response to claims of misconduct, including applications for urgent relief
  • Acting for shareholders in the commencement and defence of proceedings concerning alleged oppressive conduct within the meaning of section 232 of the Corporations Act 2001 (Cth)
  • Acting for businesses and Government agencies in relation to applications for merits and judicial review of administrative decisions
Other
  • Acting for respondents to claims brought in the Australian Human Rights Commission
  • Acting for the owner of a retail shopping centre in defence of proceedings for breach of lease commenced in the Supreme Court of the Australian Capital Territory
  • Acting for a national supermarket operator in relation to property disputes
  • Acting for public and private clients in defence of class actions including the successful defence of class action proceedings commenced in the Federal Court against a public regulator alleging negligence and misfeasance in public office
  • Advising in relation to the development of a fraud management policy for an international banking institution
  • Acting for an ASX-listed company in relation to proceedings commenced in the Supreme Court of Papua New Guinea

Latest thinking

Defamation | 2 Dec 2021

Who’s that trip-trapping over my bridge? A legislative proposal to hold online defamation trolls to account

Controversial anti-trolling legislation is drawing closer with the Federal Government this week releasing a draft of the ‘Social Media (Anti-Trolling) Bill 2021’.

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