Andrew McNaught

Andrew practises in all areas of commercial, common and revenue law, with a particular focus on contract, insolvency, tort, property and taxation disputes. He is regularly briefed to appear, led and unled, in state and federal courts and tribunals, and to advise on commercial and taxation matters. He is also a Chartered Tax Adviser with The Tax Institute.

Andrew read with Matthew Hooper KC and his senior mentor is Terry P Murphy KC.

Selected recent cases

Commercial and property

• Yarak Pty Ltd v Emerson Holdings (Aust) Pty Ltd [2024] VCC 371; Yarak Pty Ltd & Anor v Emerson Holdings (Aust) Pty Ltd [2026] VSCA 176 — dispute concerning private nuisance, trespass and the construction of easements (unled)
• SinghRKS Investments Pty Ltd v Builtmore Investments Pty Ltd [2026] VCAT 631 — retail lease dispute concerning COVID-19 rent relief, maintenance and repair obligations under s 52 of the Retail Leases Act 2003 (Vic), rent abatement and the exercise of an option to renew (unled)
• Ascot Solicitors Pty Ltd v David J Brown (S ECI 2025 04578) — contractual dispute and Legal Profession Uniform Law obligations (unled on appeal for the respondent)
• Allsopp v Elly Property Pty Ltd [2024] VSC 669 — contractual dispute (unled)
• Hari Fuel Distribution Pty Ltd v Tiger 1 Petroleum Pty Ltd & Ors (S ECI 2023 00007) — urgent injunction, claims under the Retail Leases Act 2003 (Vic) and relief against forfeiture (led by Nicholas De Young KC)
• Old Hume Truck and Car Repairs v Million Miles Pty Ltd [2023] VSC 551 — repairer's lien and assessment of damages (unled)

Construction

• Security of payment claims under the Building and Construction Industry Security of Payment Act 2002 (Vic), acting for applicants and respondents in claims up to $12 million
• Fairbank Haven Pty Ltd v Merkon Constructions Pty Ltd & Ors (S ECI 2023 05223) — acted for a third party in a construction dispute, including a summary judgment and strike-out application

Insolvency and trusts

• Re Ascot Solicitors Pty Ltd [2026] VSC 115 — application to set aside a statutory demand under s 459G of the Corporations Act 2001 (Cth) (unled)
• Bonfleur Nominees Pty Ltd (in liq) v Mobilio & Anor (S ECI 2021 02979) — acted for liquidators in a recovery proceeding (led by Geoffrey McDonald)
• Hycenko v Badges (as Trustee of the Bankrupt Estate of Victor Hycenko) (S ECI 2022 00331) — Supreme Court proceeding concerning trust and bankruptcy issues

Taxation and revenue

• Tao v Commissioner of State Revenue [2024] VCAT 637; Tao v Commissioner of State Revenue [2025] VSC 831 — appeal concerning s 82 of the Duties Act 2000 (Vic) (led on appeal by Tim Grace)
• ATO audit of a large private group concerning income tax, capital gains tax and Division 7A (led by Terry Murphy KC)
• ATO Commercial Deals Program engagement concerning a $450 million share sale (led by Daniel McInerney KC)
• ATO audit of a private ancillary fund (led by Philip Crutchfield KC)