Hamish McNair

Senior Associate

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


Hamish is a commercial dispute resolution lawyer. His experience extends to applications for urgent relief, appellate matters and defence of class actions. Hamish has acted in disputes involving breach of contract, corporations law, consumer law, equity, financial services, product liability, real property and intellectual property, in a range of industries including healthcare, technology, mining, government, pharmaceutical, property, retail and transport.

Hamish has appeared and instructed counsel in a range of courts and tribunals and has also acted for clients in relation to complaints made to the Australian Human Rights Commission and has appeared for clients at inquiries conducted by the New South Wales Independent Commission Against Corruption (ICAC). In addition to court-oriented dispute resolution, Hamish has also acted for clients in several successful expert determinations and mediations of commercial disputes.


  • Acting for a large Australian supermarket operator in relation to various property-related matters including claims for specific performance, advising on rights of first refusal under leases and professional negligence
  • Acting for a Commonwealth regulator in the successful defence of class action proceedings commenced in the Federal Court alleging misfeasance in public office and negligence
  • Acting for, and providing strategic advice to, private investors, directors and companies in relation to shareholder disputes and corporate misconduct
  • Acting for a national hospital operator in defence of proceedings commenced in the Supreme Court of New South Wales concerning breach of contract and misleading and deceptive conduct
  • Acting for, and providing strategic advice to, public and private entities in relation to contractual disputes and breaches of the Australian Consumer Law
  • Conducting a comprehensive review of existing policies and guidelines of a major global investment bank relating to fraud controls and the processes, procedures and protections extended to whistle-blowers
  • Acting for the owner and developer of a major retail shopping centre in defence of proceedings commenced in the Supreme Court of the Australian Capital Territory by an anchor tenant relating to breaches of lease and other statutory claims
  • Advising a major international bank in relation to a dispute with an Australian airport concerning security under, and termination of, an interest rate swap transaction
  • Acting for, and providing strategic advice to, public and private entities in relation to defamation, privacy and related tortious claims including applications for urgent relief
  • Acting for a major public company listed on the London and Port Moresby stock exchanges in relation to an appeal heard in the Papua New Guinea National Court of Justice against orders made by the Securities Commission of Papua New Guinea concerning a takeover attempt

Latest thinking

Thinking | 29 Jul 2019

Government reintroduces National Sports Tribunal legislation

Last week, the Federal Government introduced a revised bill into Parliament to establish the National Sports Tribunal. This follows an earlier draft bill introduced into Parliament in February 2019 which did not proceed due to the recent Federal election...