• Victoria

• Commercial Law
• Professional Negligence
• Defamation
• Mediation

Martin practises in Commercial Disputes, Professional Negligence and Defamation.

Martin has been selected for inclusion in Best Lawyers Australia since 2013, in the fields of Litigation and Alternative Dispute Resolution.

Prior to coming to the Bar in 2014, Martin was a partner in the Commercial Disputes Group of Herbert Smith Freehills from 2000 onwards. He was the Practice Area Leader of that Group from 2007 until 2014.

Appearances

Ryan & Mia Pty Ltd v Royalfield Corporation Ltd & Ors (SCV, ongoing – acting for plaintiff seeking damages alleging breaches of the ASIC Act, Corporations Act and Australian Consumer Law in the context of a share investment)

Euromark Ltd v Smash Enterprises Pty Ltd (SCV, ongoing – acting for plaintiff, alleging wrongful termination of distributorship agreement. led by Oren Bigos QC – S ECI 2015 0478)

Lucklink Pty Ltd v Lee (CCV, ongoing – acting for a plaintiff lender seeking damages for alleged breaches of the ASIC Act and Australian Consumer Law)

Campbell v Hospitality 3564 Pty Ltd (VCAT, ongoing – acting for a former tenant in a dispute arising regarding a lease)

W&B Investment Group Pty Ltd re: Kingsland Timber (Australia) Pty Ltd (In Liq) – (SCV, 2020 – acted for plaintiff in a successful application for orders that the winding up of a company be stayed)

Djordjevic v Ethnic Community Broadcasting Association of Victoria Ltd (CCV, 2020 – acted for plaintiff in a defamation proceeding relating to a radio broadcast – settled)

Firth v Honeyman (CCV, 2020 – acted for defendant in a joint venture dispute – successfully resisted plaintiff’s summary judgment application – settled)

Milina & Ors v Lee & Ors (SCV, 2019 – acted for the defendants in a dispute regarding an alleged contract for the sale of land – settled)

Kingston & Knight Audit Pty Ltd v HGC Properties Pty Ltd (VSC, 2019 – appeared for defendant to a winding-up proceeding, and successfully opposed an application by a supporting creditor to be substituted as plaintiff – [2019] VSC 202).

Russell v Aitken Partners (VCC, 2019 – acted for defendant in successfully defending a claim for professional negligence – [2019] VCC 1164 – and in obtaining orders for costs – [2019] VCC 1217)

Burke v Shiells & Shiells (CCV, 2018 – appeared for plaintiff seeking costs of the defamation trial referred to below – plaintiff awarded indemnity costs of the entire proceeding – [2018] CCV 1924)

Burke v Shiells & Shiells (CCV, 2018 – appeared for successful plaintiff in a 20-day defamation trial – plaintiff awarded $75,000 damages plus interest, and indemnity costs as referred to above – [2018] CCV 1645)

Toll Transport Pty Ltd v Erikson (FCC, 2017 – obtained injunctions based on injurious falsehood, preventing further publication of material identifying the respondent as a Toll employee – [2017] FCCA 3120)

Huang v Zhi & Murray Valley Meat (CC, 2017 – obtained damages of $220,000 for defamation, and injunctions preventing further publications of the same defamatory matter – [2017] VCC 1990)

Elsternwick Supermarket Pty Ltd v PBJ Fibrelux Pty Ltd (VCAT, 2017 – obtained orders that defaulting tenant pay rent exceeding $280,000, plus indemnity costs – BP250/2014)

Sleeman v Eastern Health (VSC, 2017 – dispute as to settlement affected by mistake – settled)

Australian Unicorn Agricultural Development Pty Ltd v Aufeng IH Pty Ltd (VCC, 2016 – obtained freezing orders, led by Peter Booth – [2017] VCC 170)

Choice Planning Pty Ltd v. Cant (VSC, 2016 – appointment of special purpose liquidator, led by Ian Martindale QC)

Choice Planning Pty Ltd v. Anacott Steel Pty Ltd (In Liq) (VSC, 2016 – property development dispute, led by Ian Martindale QC – obtained judgment and orders that defendant pay the plaintiff $7.466 million plus interest and costs – [2016] VSC 704)

Timbercorp Finance v Gruyters and Lowe (VSC, ongoing – test cases by borrowers from the failed Timbercorp Group, led by Don Farrands)

Yang & Yarn International Pty Ltd v. Ostrycharz International Pty Ltd (VMC, 2016 – dispute concerning loss of goods in transit – settled)

PS Corporation (Aust) Pty Ltd v Dutta (VSC, 2016 – claim against former employee regarding use of IP – settled)

Xin Zheng v Suning Pty Ltd (VCAT, 2016 – obtained indemnity costs orders for 7-day hearing – [2016] VCAT 1306)

Xin Zheng v Suning Pty Ltd (VCAT, 2016 – sale of business dispute – [2016] VCAT 809)

Bellamys Limited v Flahey (Federal Court, 2016 – claim against former employee, led by Paul Santamaria QC – settled)

Nie v Wang (VMC, 2016 – obtained judgment for lender under a loan agreement – Case F.13818268)

Burke v Shiells (VMC, 2015 – extension to 3 years of the 1 year time limit for defamation claims – Case F.12757725)

Choice Planning Pty Ltd v. Mider@Franklin Street Pty Ltd (VSC, 2015 – obtained freezing orders, led by Ian Martindale QC – [2015] VSC 59)

Liability limited by a scheme approved under Professional Standards legislation.