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Harry Hill-Smith

QUALIFICATIONS  BA (Syd), JD (Melb), MSc (Distinction) (Oxon)
ADMITTED  2019    BAR  2020
CHAMBERS  CAS 1002

CLERK CONTACT  03 9225 7999
PHONE  9225 7999
EMAIL  harry.hill-smith@vicbar.com.au

Harry Hill-Smith, BA (Syd), JD (Melb), MSc (Distinction) (Oxon)

AREAS OF PRACTICE

  • Banking and Finance
  • Bankruptcy and Insolvency
  • Building and Construction
  • Class Actions
  • Commercial Law
  • Competition Law
  • Contract
  • Corporations
  • Franchising
  • Guarantees
  • Insurance
  • Landlord and Tenant
  • Partnerships
  • Property Law
  • Securities
  • Trade Practices

ENQUIRIES: dever@vicbar.com.au

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Experience

Harry practises primarily in commercial law.

Before coming to the Bar, Harry was an Associate to the Hon. Justice McLeish at the Victorian Court of Appeal. He completed a Bachelor of Arts at the University of Sydney and a Juris Doctor at the University of Melbourne. Prior to studying for his Juris Doctor, Harry worked in London and Hong Kong trading Asian currency derivatives as a portfolio manager for a multi-billion-dollar hedge fund.

He has also completed a MSc in Law and Finance at the University of Oxford, graduating with Distinction and receiving the South Square Prize for the highest mark in Corporate Insolvency Law. The MSc in Law and Finance combines subjects from the Bachelor of Civil Law course with subjects from Oxford's Saïd Business School.

He is a co-author of Thomson Reuters's Federal Court Practice.

Harry read with Dr Charles Parkinson KC and his senior mentor is David Batt KC.

Recent Cases

Re Amoma SÀRL [2023] FCA 1232 and Re Amoma SÀRL (No 2) [2023] FCA 1379 – Recognition of a Swiss insolvency proceeding under the Cross-Border Insolvency Act 2008 (Cth) – acting for the Bankruptcy Office of the Canton of Geneva – led by Dr Oren Bigos KC.

Tex Onsite Pty Ltd v Cornwalls (A Firm) – SCV: S ECI 2022 04677 – allegations of negligence and misleading or deceptive conduct in relation to companies’ entry into receivership – acting for the Second Defendant – led by Dr Oren Bigos KC.

Re SLKALT Pty Ltd (In Liq) – SCV: S ECI 2022 01010 – privilege claim in response to liquidators’ summons to produce documents – joint privilege, waiver and crime/fraud exception to privilege – acting for the liquidators – led by Dr Oren Bigos KC.

AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd – FCA: VID 604/2021 – application to set aside subpoenas against non-parties and claims arising from those subpoenas for legal professional privilege, joint privilege, common interest privilege and parliamentary privilege – acting for the subpoenaed non-parties – led by Dr Oren Bigos KC.

King v Linkage Access Ltd [2022] VSC 158 – common law recognition and enforcement of a United States Bankruptcy Court judgment in Australia – acting for the Plaintiffs – led by Dr Oren Bigos KC.

King v Linkage Access Ltd – QSC: 4876/22 – application for an enforcement warrant against judgment debtor and for the seizure and sale of a luxury yacht.

Beecham Motors Pty Ltd v General Motors Holden NSC Australia Pty Ltd – SCV: S ECI 2020 04789 – class action by dealerships arising out of the retirement of the Holden car brand – acting for the Plaintiff and Group Members – led by Dr Charles Parkinson KC. Interlocutory judgments:

  • Beecham Motors Pty Ltd v General Motors Holden Australia NSC Pty Ltd (No 2) [2023] VSC 640 – application for settlement approval under s 33W of the Supreme Court Act 1986 (Vic), settlement sum confidentiality orders and regarding the construction of a settlement agreement.
  • Beecham Motors Pty Ltd v General Motors Holden Australia NSC Pty Ltd [2023] VSC 443 – application for particular discovery.
  • Beecham Motors Pty Ltd v General Motors Holden NSC Australia Pty Ltd [2021] VSC 855 – de-classing application under s 33N of the Supreme Court Act 1986 (Vic).

Gecko Australia Pty Ltd v Montagnese – FCA: VID597/2021 – claims for misleading & deceptive conduct and breach of directors’ duties in relation to a business sale and earn-out period – acting for the Plaintiffs – led by Dr Oren Bigos KC. Interlocutory judgment:

  • Gecko Australia Pty Ltd v Montagnese [2022] FCA 488 – freezing order application.

Custodian for Gerald and Debra Gray v Redman-Slater – FCA: VID739/2020 – claim by clients of authorised representatives against the financial services licensee for contraventions of the Corporations Act 2001 (Cth) and misleading or deceptive conduct – acting for the financial services licensee – led by Dr Charles Parkinson KC.

Harris v Financial Services Partners – SCV: S ECI 2022 04091 – claims by clients of authorised representatives against the financial services licensee – acting for the financial services licensee. Interlocutory judgment:

  • Harris v Financial Services Partners Pty Ltd [2023] VSC 16 – strike-out application.

JDLF International Pty Ltd v Wood – VSC: S ECI 2022 02775 – interlocutory injunction application to enforce a contractual restraint and s 183 of the Corporations Act 2001 (Cth) against a former employee – acting for the Plaintiff – led by Patrick Wheelahan KC.

JOF Engineering Pty Ltd v Holcim (Australia) Pty Ltd – CCV: CI-20-04009 – interpretation and breach of construction contracts – acting for the Defendant – led by Dr Charles Parkinson KC.

Re IPO Wealth Holdings No 2 Pty Ltd (in prov liq) [2021] VSC 821 – application to stay a liquidators’ examination as an abuse of process – acting for the Examinee – led by Michael Gronow KC and Angel Aleksov.

Sim v Williams – NSWSC: 2021/00358666 – validity of debt under a deed of settlement – acting for the Defendant – led by Michael Gronow KC.

Castaway Avenue Pty Ltd v CSC1957 Investments Pty Ltd ­[2022] VSCA 238 and Castaway Avenue Pty Ltd v CSC1957 Investments Pty Ltd [2023] VSCA 30 – specific performance of a contract for the sale of land – whether contract validly terminated – application for security for appeal costs and an appeal stay – acting for the Respondent – led by Ian Percy.

Maersk A/S v Patti – FCA: NSD1291/2021 – alleged breach of contract and misleading & deceptive conduct in relation to shipping contracts – acting for the Respondent – led by James Emmett SC.




Liability limited by a scheme approved under Professional Standards Legislation.