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
ENQUIRIES: dever@vicbar.com.au
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 Richstone Plumbing Pty Ltd (in liq) – SCV: S ECI 2024 04285 – acting for the Defendant – defending a preference claim under s 588FE and s 588FF of the Corporations Act 2001 (Cth) – led by Dr Oren Bigos KC.
Ding Yong v Song Lihua [2024] VSC 720 – acting for a judgment creditor resisting an application to set aside the registration of a Hong Kong judgment under s 7 of the Foreign Judgments Act 1991 (Cth) – unled.
Monarch Tower Pty Ltd (in liq) v Sinoace Holdings Ltd [2024] FCA 716 – acting for the Respondents to a voidable transaction claim under s 588FE of the Corporations Act 2001 (Cth) – whether the proceeding should be summarily dismissed for failure by the liquidator to promptly serve – whether the failure to give notice of the s 588FF(3)(b) extension to a respondent meant that the claim was statute barred – led by Christopher Brown KC.
Yellow Money Pty Ltd & Ors v Sottile & Ors – CCV: CI-24-06298, CI-24-05423, CI-24-06138 – acting for the Defendants – allegation that high-rates of monthly compound interest under a group of loans constitutes unconscionable conduct under the ASIC Act 2001 (Cth) or the Australian Consumer Law – unled.
N. & U. Nominees Pty Ltd v Larobina – SCV: S ECI 2024 02809 – acting for the trustees and directors of the trustees – claim for rectification of a group of trust deeds – defending allegations that trustees acted for improper purposes, in bad faith, and without real and genuine consideration – defending allegation that transactions occurred without mental capacity – led by Ian Percy.
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. Interlocutory judgment:
Re SLKALT Pty Ltd (in liq) [2024] VSC 250 – 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 sale and seizure of a luxury yacht – unled.
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:
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:
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:
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.